Hi everyone, we are a young couple M23 & F23 that has been dating for over a year. F23 has been living for the past five years in the USA as a green card holder (Sponsored by her family) and M23 is Spanish, currently living in UK. Since we started dating, M23 is currently on his 3rd visit to the USA on an ESTA (for 2-3 weeks each time). F23 has visited him another 2 times for an additional 2 weeks each.
F23 filed N400 in late October, and she is in the process of getting her citizenship. On the website it says that the case is being reviewed after completing the biometrics appointment in November. We would have eventually filed for a Fiance visa once she was able to sponsor me as a citizen. However, as of today, the approximate time jumped significantly and it seems the citizenship application could be processed way earlier than expected. As of today, the website says that the approximate waiting time until the case decision is 3 months (Does that mean that the approximate time for the interview is 3 months or for the full case approval to be 3 months if the interview goes ok?).
We are both very stressed from this long wait and if it's possible to make such a big move obeying the law we would really appreciate it.
Let us list some questions/concerns:
If F23 gets her citizenship before M23's ESTA 90 days expires, can we file for an AOS if we marry? M23 booked the flight back only 3 weeks after entry. If the N400 takes longer than his ESTA days, would we have grounds to still legally file for AOS despite the overstay until F23 becomes a citizen and we get married?
M23 has entered with an ESTA always stating that he was visiting F23, and on the form he has entered her address as to where he was staying for the trip. Is her citizenship in danger if M23 overstays because of the above scenario? Imagine that she is granted citizenship, could she lose it if somehow the judge flags these circumstances as fraudulent in a future interview for our marriage?
Thank you so so much to everyone in advance!