Hello everyone,
I met and married a wonderful woman who entered the US on an ESTA in 2020. At the time of our marriage, she had overstayed her ESTA by over one year . We married after nine months of dating (June 2022). We are starting the process of adjustment of status. She told me last night that she cancelled her return ticket home a few months after her 90 day ESTA expired. She has also been working in the US illegally since May 2021. She told me when we met she never had any plans to go back home once she entered the US on the ESTA even if she wasn't with me. I knew this going into the marriage. I know the first thing people are thinking is she is using me for a Green Card. We really do love each other. She has a University degree from back home and has worked at an Embassy for an unrelated country before losing her job when COVID hit. Is applying for an adjustment of status going to be like walking into a lion's den? My nephew is in his third year at University studying to become an immigration attorney. He told me we will have one hell of an uphill battle. When I asked him why he stated the following:
- She told the port of entry CBP officer at inspection she was leaving before the 90 days and she was only coming to the USA to visit a few cities.
- She was well aware her intent upon entry was never to go back home.
- She worked at a Consulate and should of known better to overstay.
- She cancelled her return ticket
- Working illegally for cash
- She dated one man while here in San Diego. She ended the relationship. It ended on bad terms and we think he reported her to ICE and USCIS.
- She had every opportunity to return home and instead had a total disregard for the ESTA rules by purposely remaining in the USA knowing she did not already have a boyfriend or fiancee in the USA.
- Dating men from dating apps instead of going home before the 90 days. He stressed cancelling the return ticket shortly after the 90 days expires is not a good look. He said she of just let it to be and let the departure date pass. It shows intent of not returning.
- Finally, my nephew stated though not unheard of, but from first date, to living together after two weeks to engagement to marriage in less than 9 months and after overstaying for over year will raise flags.
I would appreciate everyone's honest opinion good or bad. Are we facing a next to impossible task of getting an adjustment of status? My nephew seems to think so.
Thanks in advance!
