Enter the US with abandoned adjustment of status marriage green card

[antoniodurante199 1]

Hi all,

 

My husband and I we really need some help on how to proceed on my immigration papers.

 

I entered the US on ESTA back in March (I'm an Italian citizen) my husband (US citizen) and I we got married in April in the US I was supposed to leave the US but at the end we decided to do adjustment of status.

 

But at the end of August my mom got sick and I needed to go back to Italy before I got the travel document.

 

We still have the I-130 form pending we sent them a letter explaining the situation and that we wanted to proceed with consular processing we really hope that they would take it into consideration.

 

Since we have been apart for a long time and even just visit him it would help our marriage.

 

Is it worth trying to get inside the US? Would they deny me entry for sure? Is there a small chance of them letting me in? 

 

Technically I never overstayed my ESTA if we take into consideration the time that I was in the process because once we submitted the papers my status is changed right?

 

If not I never overstayed more than 180 days so I'm also not banned "technically"

 

Is it worth trying? Is it better not to? Is there something that I could tell them? Is there an airport that's easier?

 

 

Thank you all for answering

[Crazy Cat 41,836]

42 minutes ago, antoniodurante199 said:

Technically I never overstayed my ESTA if we take into consideration the time that I was in the process because once we submitted the papers my status is changed right?

But You abandoned the I-485.  I think your ESTA is gone, and I think you could have a ban. 

Edited January 22 by Crazy Cat

[antoniodurante199 1]

6 minutes ago, Crazy Cat said:

But You abandoned the I-485.  I think your ESTA is gone, and I think you could have a ban. 

I never overstayed more than 180 days even if they consider my adjustment time as overstaying I don't think I have a ban 

Edited January 22 by antoniodurante199

[SalishSea 17,818]

Just now, antoniodurante199 said:

I never overstayed more than 180 days even if they won't consider my time while I was adjusting so I don't think I have a ban 

You entered on ESTA, then decided to marry and try to adjust status.   They will rightly assume you’ll try to do the same thing, to avoid the queue.  
 

You could try for a B visa, but I don’t see that happening either, with your history.

[Crazy Cat 41,836]

21 minutes ago, antoniodurante199 said:

I never overstayed more than 180 days even if they consider my adjustment time as overstaying I don't think I have a ban 

Your ESTA is  gone the 1st day of overstay.  A B2 will likely be denied based on the fact that you overstayed.  How will you get back in the US?

 

Note:  I misread your first post.  I thought you had overstayed more than 180 days.

Edited January 22 by Crazy Cat

[carmel34 3,621]

21 minutes ago, antoniodurante199 said:

Technically I never overstayed my ESTA if we take into consideration the time that I was in the process because once we submitted the papers my status is changed right?

 

If not I never overstayed more than 180 days so I'm also not banned "technically"

 

Is it worth trying? Is it better not to? Is there something that I could tell them? Is there an airport that's easier?

You entered the US with ESTA in March 2023 and did not leave until August.  You overstayed so ESTA is now gone.  Hopefully your letter to USCIS, requesting a change to consular processing worked, once the I-130 is approved you'll find out.  Since you initially filed the I-130 with an adjustment of status application (I-485), there is a chance that you'll have to file a form I-824 (can add a year) to send the approved petition to NVC then to the consulate abroad.  Your US citizen husband can visit you in your country during the process.

[OldUser 6,633]

33 minutes ago, antoniodurante199 said:

Technically I never overstayed my ESTA if we take into consideration the time that I was in the process because once we submitted the papers my status is changed right?

You did overstay, unfortunately. You only get 90 days on ESTA. Yes, you're right about being in AOS status when you file I-485. However, the overstay is only "cleared" if your AOS is approved. If you get denied or abandon AOS (which you did), that overstay means B1/B2 or Esta is hard to get again.

 

 

[Boiler 45,467]

The situation is what it is, there were options but we are where we are.

 

Being realistic your Husband visiting you sounds much more practical and realistic.

 

Did he file an I 824? When did he file the I 130?

 

You could apply for a B, what is your situation, job etc, going to be a big ask.

[SalishSea 17,818]

Anyway, all of this was explained to you in depth in your previous thread about it:

 

https://www.visajourney.com/forums/topic/812878-please-help-travelling-while-adjustment-of-status/#comment-10918339

[Rocio0010 5,579]

The I-485 is abandoned the minute you left the US without an approved AP.

Also, your ESTA is gone the minute you filed for AOS.

These were long discussed in your previous thread.

Moreover, even if you still had a valid ESTA (you don't, but just for informational purposes) and they allowed you entry, coming on an ESTA with an intent to adjust is fraud and it could get you into a world of trouble. But that's water under the bridge now.

[Boiler 45,467]

5 minutes ago, Rocio0010 said:

The I-485 is abandoned the minute you left the US without an approved AP.

Also, your ESTA is gone the minute you filed for AOS.

These were long discussed in your previous thread.

Moreover, even if you still had a valid ESTA (you don't, but just for informational purposes) and they allowed you entry, coming on an ESTA with an intent to adjust is fraud and it could get you into a world of trouble. But that's water under the bridge now.

 

The issue here is the VWP:

 

Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program

 

https://uk.usembassy.gov/visas/visa-waiver-program/non-immigrant-visa-waiver-program-vwp/

[Dashinka 24,488]

17 minutes ago, Rocio0010 said:

The I-485 is abandoned the minute you left the US without an approved AP.

Also, your ESTA is gone the minute you filed for AOS.

These were long discussed in your previous thread.

Moreover, even if you still had a valid ESTA (you don't, but just for informational purposes) and they allowed you entry, coming on an ESTA with an intent to adjust is fraud and it could get you into a world of trouble. But that's water under the bridge now.

You don't lose ESTA/VWP just because you file an I485, you lose that privilege by overstaying.  This is the issue with the OP.