im an american citizen

[meliy_ferreira 0]

so i need help, i am an american citizen, i was born in america, but lived almost my whole life in portugal, now i want to go back to the USA with my husband which is portuguese, can we enter the usa with an ESTA (for him) and start his green card process already there ?

[ineedadisplayname 498]

19 minutes ago, meliy_ferreira said:

so i need help, i am an american citizen, i was born in america, but lived almost my whole life in portugal, now i want to go back to the USA with my husband which is portuguese, can we enter the usa with an ESTA (for him) and start his green card process already there ?

I mean technically you could, but that is fraud since you had intent before entering to adjust his status....

 

Since you are in Portugal with him you might be able to do direct consular filing that would reduce your wait time I believe.

 

Hope you did file taxes in the US and also you will need to show intent to re-establish domicile in the US.

[SalishSea 17,833]

2 hours ago, meliy_ferreira said:

so i need help, i am an american citizen, i was born in america, but lived almost my whole life in portugal, now i want to go back to the USA with my husband which is portuguese, can we enter the usa with an ESTA (for him) and start his green card process already there ?

No, you cannot.   That is 100% fraud.   You need to petition him for an immigrant visa.   Read the guides.

[Ontarkie 14,226]

~~Moved to IR1/CR1 P&P, from Bringing Family of USC- as spousal visa processing questions are discussed here.~~

[Cathi 5,751]

No. Entering the the US with VWP or B1/B2 with the INTENT to STAY and adjust status, is visa fraud and will result in a permanent ban from the US. You must do consular processing.

[pushbrk 12,892]

Click on the word Guides at the top of any page here.  Direct Consular Filing is for special circumstances only, not just "wanting".