Hello everyone,
Please bear with me if this question has been asked before, I just couldn't find much on my situation after searching for a good while.
I just recently became a US citizen. I am married to a British Citizen who lives in the UK. We have been married for more than 2 years, and have been living the long-distant relationship for many years now. She has been coming back and forth on ESTA to be with me for short periods of time.
We are now planning to have her move to the USA and wondering whether AOS or consular processing would be the proper way.
I have read that with AOS we need to prove that she did not have a preconceived intent when entering the USA to stay here, and that AOS can be very risky with severe consequences.
Is this all true? If we decide to go down the AOS route next time she visits me on an ESTA, would we be risking the denial of AOS or worse? We definitely don't want to do something stupid!
I see a lot of people applying for AOS soon after their marriage in the same stay. Given that we are already married, the only change of circumstance we can provide is change of heart (we can't live apart anymore!) or finding out about AOS after entering the USA and deciding to go for it. Both seem not good enough reasons.
Anyway, am I overthinking this? I have also seen in some pages that preconceived intent is generally not the sole reason for AOS denial of a spouse of US citizen.
Or Should we just go through Consular processing and accept living apart for another 15 months or so?
Any advice is greatly appreciated!
