Considering attempting AOS while on ESTA - Advice welcome!!

[Cap_king 0]

Hello all,

 

Apologies in advance for the questions that have been asked for probably a million times before!

 

I am 29M, and currently in CA on an ESTA visa from Ireland, spending time with my fiancée, 27F, who is a US citizen. We currently reside in Ireland and have returned to visit for a few weeks. Having arrived, we've recently learned of the possibility of the AOS while I'm here on an ESTA, and have become more open to it.

 

A few issues however, that need answering as Google and reddit, etc, are a bit unclear:

 

- It is my understanding that I cannot continue working for my job back in Ireland? I would be more than willing to leave this job as part of the move, but we have also been advised by my fiancée's uncle (a lawyer), that it would be possible to continue my job remotely, as the company has not business in USA and this not a conflict? I don't fully understand this or necessarily believe it, but we've been told it's a possibility? I would like clarification on this if anyone can give it!

 

- Are there any other risks associated with this process? We genuinely had no intention or knowledge or this prior to this trip and considering part of the process is trying to prove that I didn't enter the country with this in mind.

 

This is not life or death for us, we had intended to begin the K1 process in the next few months anyway, but considering I don't love my job, and my fiancée has been offered a few opportunities, we think this could be a great option. Any advice or guidance here would be much appreciated. Thank you all.

[MalloryCat 406]

intent was determined at POE, circumstances change.

 

however, you cannot work in ANY capacity in the united states without a work authorization. regardless of if it is a US based company or not. your fiances uncle is incorrect.

 

 

i am not very knowledge about the circumstances of adjusting in your circumstance, so i will leave that to others.

 

[Cap_king 0]

Just now, MalloryCat said:

intent was determined at POE, circumstances change.

 

however, you cannot work in ANY capacity in the united states without a work authorization. regardless of if it is a US based company or not. your fiances uncle is incorrect.

 

 

i am not very knowledge about the circumstances of adjusting in your circumstance, so i will leave that to others.

 

Understood! Thank you for the clarification on this.

[appleblossom 3,423]

23 minutes ago, Cap_king said:

- It is my understanding that I cannot continue working for my job back in Ireland? I would be more than willing to leave this job as part of the move, but we have also been advised by my fiancée's uncle (a lawyer), that it would be possible to continue my job remotely, as the company has not business in USA and this not a conflict? I don't fully understand this or necessarily believe it, but we've been told it's a possibility? I would like clarification on this if anyone can give it!

 

 

Is he an immigration lawyer? Our immigration lawyers told us the complete opposite - my wife had her own business in the UK and they said she absolutely couldn’t work for it whilst in the US as a tourist or on her O3 visa. She had to wait until she had green card status. 

[Cap_king 0]

Just now, appleblossom said:

 

Is he an immigration lawyer? Our immigration lawyers told us the complete opposite - my wife had her own business in the UK and they said she absolutely couldn’t work for it whilst in the US as a tourist or on her O3 visa. She had to wait until she had green card status. 

I obviously won't give specifics, and honestly I don't know the depth of his role but he works for a very large and public company in the area of immigration, but NONE of my research has indicated anything he said is true, hence my confusion and fear about risking it!

[appleblossom 3,423]

3 minutes ago, Cap_king said:

I obviously won't give specifics, and honestly I don't know the depth of his role but he works for a very large and public company in the area of immigration, but NONE of my research has indicated anything he said is true, hence my confusion and fear about risking it!

 

Our lawyers were Fragomen, they said the opposite. I wouldn’t risk it personally. 

 

That’s the biggest likely downside of doing AOS, not being able to work or leave the US in an emergency for quite some time. Only you will know how you can cope with that and whether you’d prefer to just get married and file for a spouse visa via consular processing instead so that when you arrive in the US you are a GC holder on day 1 and can work and travel freely.

 

Good luck with whatever you decide. 

[Cap_king 0]

2 minutes ago, appleblossom said:

 

Our lawyers were Fragomen, they said the opposite. I wouldn’t risk it personally. 

 

That’s the biggest likely downside of doing AOS, not being able to work or leave the US in an emergency for quite some time. Only you will know how you can cope with that and whether you’d prefer to just get married and file for a spouse visa via consular processing instead so that when you arrive in the US you are a GC holder on day 1 and can work and travel freely.

 

Good luck with whatever you decide. 

Thank you for the feedback. As I said, this isn't life or death and the reality is I don't know how I'd cope so it has to be really considered! 

[Daphne . 1,969]

If I was in your situation (and I actually have been in your situation!) I would choose not to do an adjustment of status. It always sounds like a great idea until you are in the situation where you can’t work or even leave the US for an emergency for example. 
 

I chose the consular processing route because I knew I would be absolutely miserable being stuck like that. Also, I had a stable job and life ‘back home’ and only left for a short visit, so changing that to just staying in the US unprepared, quitting my job without a proper notice, etc. was an absolute no for me. I am very happy that I made that decision because I was able to tie up loose ends and do it properly and was able to start a new job fairly soon after moving to the US. This helped me to integrate and build my own life in the US. I have zero regrets. 
 

Food for thought! 

[Cap_king 0]

27 minutes ago, Daphne . said:

If I was in your situation (and I actually have been in your situation!) I would choose not to do an adjustment of status. It always sounds like a great idea until you are in the situation where you can’t work or even leave the US for an emergency for example. 
 

I chose the consular processing route because I knew I would be absolutely miserable being stuck like that. Also, I had a stable job and life ‘back home’ and only left for a short visit, so changing that to just staying in the US unprepared, quitting my job without a proper notice, etc. was an absolute no for me. I am very happy that I made that decision because I was able to tie up loose ends and do it properly and was able to start a new job fairly soon after moving to the US. This helped me to integrate and build my own life in the US. I have zero regrets. 
 

Food for thought! 

Thank you for the feedback. Would it be possible to get more information regarding the consular processing route? We have been intending to do the K1 before now so I haven't looked into it much.

[MalloryCat 406]

 

Here is the guide for the spousal visa

 

[Noname93 207]

First, yes, you can adjust but you will not be able to work (even a remote position) until you have an EAD or the greencard. You will also not be able to leave the country until you have an AP or a greencard. Second, I don't think K1 makes much sense if both of you are living in Ireland. If you decide against doing adjustment of status I would suggest getting married and filing CR1.

[Cap_king 0]

6 hours ago, Noname93 said:

First, yes, you can adjust but you will not be able to work (even a remote position) until you have an EAD or the greencard. You will also not be able to leave the country until you have an AP or a greencard. Second, I don't think K1 makes much sense if both of you are living in Ireland. If you decide against doing adjustment of status I would suggest getting married and filing CR1.

Can I ask why?

 

The reason for wanting to do the K1 was so we would get married in the US instead of Ireland. I have little to no family here and it was important to her to be married in CA. Open to changes though if its logistically better.

[Boiler 46,372]

16 hours ago, Cap_king said:

I am 29M, and currently in CA on an ESTA visa from Ireland, spending time with my fiancée, 27F, who is a US citizen.

Seems to be an obvious solution

[MalloryCat 406]

1 hour ago, Cap_king said:

Can I ask why?

 

The reason for wanting to do the K1 was so we would get married in the US instead of Ireland. I have little to no family here and it was important to her to be married in CA. Open to changes though if its logistically better.

You can get married in California on an esta and then go home to ireland and file for the spousal visa.

 

[Dashinka 24,980]

2 hours ago, Cap_king said:

Can I ask why?

 

The reason for wanting to do the K1 was so we would get married in the US instead of Ireland. I have little to no family here and it was important to her to be married in CA. Open to changes though if its logistically better.

As @MalloryCat said, you can get married while here on ESTA (no laws against that), and in fact you can get married today since you are currently here.  I agree with @Daphne ., I would very much consider taking the consular processing visa route.  It is a far superior visa, allows you to work upon arrival with the visa (remotely if your company allows that), and travel; did you bring all your clothes with you on this visit, if not, it might be eight months before you can get an AP approved which allows you to re-enter the US while your AOS is in process.  Of course your wife at that point could fly back to get your things, but you won't be able to help.

 

In the end, it is your decision as only you and your soon to be wife know your specific situation.

 

Good Luck!