Hello all,
I am an European citizen and my wife is an USC. We got married 2 years ago here in Europe and have lived in Spain since then. My wife recently applied to a job in the US and she is considering accepting.
I read dozens of threads in this forum (thanks all for the richness of answers) about AOS from ESTA, but our situation is slightly different as we are already married.
I wanted to ask your opinion on the following scenario. If I were to visit a few months down the road, with a return flight, an European job contract and an active lease here in Spain, how likely will I be to be flagged as having an intent to immigrate when entering with ESTA ?
It is my understanding from all this reading that the border officer is the one determining if I have an intent at the moment of entry. If he let me through, this intent is not put into question later on correct ?
If I suddenly discover during my stay that I love the US life and decide to file for AOS : being married to an USC, I have the right to do so correct ? Will I need to justify this "sudden" revelation, ie will I be questioned on the fact that we planed the above hypothetical scenario ? Will this happen during the interview ?
Thanks a lot for your answers !