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SamanVM

Another AOS on ESTA question, But please help!

By SamanVM in Adjustment of Status from Work, Student, & Tourist Visas

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SamanVM Newbie

SamanVM   0

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Hello everyone,

Please bear with me if this question has been asked before, I just couldn't find much on my situation after searching for a good while.


I just recently became a US citizen. I am married to a British Citizen who lives in the UK. We have been married for more than 2 years, and have been living the long-distant relationship for many years now. She has been coming back and forth on ESTA to be with me for short periods of time.

We are now planning to have her move to the USA and wondering whether AOS or consular processing would be the proper way.

I have read that with AOS we need to prove that she did not have a preconceived intent when entering the USA to stay here, and that AOS can be very risky with severe consequences. 

 

Is this all true? If we decide to go down the AOS route next time she visits me on an ESTA, would we be risking the denial of AOS or worse? We definitely don't want to do something stupid! 

I see a lot of people applying for AOS soon after their marriage in the same stay. Given that we are already married, the only change of circumstance we can provide is change of heart (we can't live apart anymore!) or finding out about AOS after entering the USA and deciding to go for it. Both seem not good enough reasons.

Anyway, am I overthinking this? I have also seen in some pages that preconceived intent is generally not the sole reason for AOS denial of a spouse of US citizen.

Or Should we just go through Consular processing and accept living apart for another 15 months or so?

Any advice is greatly appreciated!

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Boiler Grand Master

Boiler   45,443

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Entering with the intention to adjust would be immigration fraud 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,809

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35 minutes ago, SamanVM said:

If we decide to go down the AOS route next time she visits me on an ESTA,

Not legal...and not up for discussion here on Visa Journey per the Terms Of Service.  Adjustment of Status is for people already inside the US.  Thus, as your spouse lives outside the US, consular processing is your legal route for a spousal visa.

Material Misrepresentation can be a sole reason for denial.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,809

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***Topic locked to further discussion bordering on Terms of Service violation***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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