US Immigration from France

Hi !

I am French and my wife is American.

I am in the US through the Visa Waiver Program (VWP / ESTA). This touristic "visa" allows me to stay in the US for 90 days.

More and more I am thinking about staying in the U.S.

I believe that I can adjust my status and become a US resident.

Here are the infos that I found:

1. I can adjust status by filing I-485

2. My AOS package should include:

• I-485 filed by myself
• I-944 filed by myself
• I-765 filed by myself
• I-864 filed by my wife for me
• I-130 filed by my wife for me
• Evidences of everything

3. You are inadmissible for AOS if adjusting from the Visa Waiver Program EXCEPT IF you are a relative of a U.S. Citizen (such as spouse, which I am)

4. You can file for AOS even after the 90 days of your authorized period from the Visa Waiver Program IF you are a relative of a U.S. Citizen (such as spouse, which I am)

5. I can stay in the U.S. while waiting for my AOS approval, even if my current visa expires

6. If I add form I-765 to my package, I should receive a Work Authorization after around 140 days

7. My wife should make 125% of the Federal Poverty Guideline ($21.550/year for a married couple as a household)

I am sure that I am still missing a lot of infos, but here are my main concerns :

2. I saw somebody online saying that we need to file I-130 first, wait for approval, and then file I-485, is that true?

7. We were living in France till now, my wife moved to France years ago, she never filed a tax return in the U.S. She just got a job here, making $30.000/year. Would 3 months paychecks, her work contract and $15.000 in savings be enough to file I-944, I-864, necessary for my adjustment of status?

I probably have more questions that I am not thinking about right now.

Thanks to everyone who will review what I listed and give me their thoughts about what we should do.

Have a nice day!

I had my interview in april, recieved an email today that it is canceled due to coronavirus, etc. What happens now? when should I re-schedule? will it affect my timeline? i dont know what to do.

Please remind what is the relationship between CR1/IR1 visa validity (to enter the US) and medical exam expiration date? Should it be one and the same date?

Given coronavirus, it looks like my husband, who came on a K1 visa in late 2018 and adjusted to a conditional permanent residency, might lose his job.

Is he allowed to apply for unemployment benefits? My worry is the Affidavit of Support that we signed, which seemed to indicate that he would not be eligible for government support. But I'm not sure if that only pertains to things like SNAP food stamps and Medicaid.

Anyone know more?

My French husband is currently in USA visiting me on ESTA. His CR1 is not issued yet (currently in AP) but is almost ready. The Paris Embassy emailed asking his passport back.

My husband entered USA on his French passport. But because of his Portuguese origin, he also has his valid Portuguese passport (with him).

With the coronavirus situation my husband is not in a hurry to return to Europe right now. His ESTA entry is valid till May 9 so he d rather be safe than sorry.

However, his medical will expire on May 22.

That means he does not have too much time left.

Question: Can my husband mail his French passport to Paris Embassy now, and leave USA on Portuguese passport to pick his French passport up (with CR1 visa ready and issued) later?