Adjust status on ESTA
Mar 1st 2018, 9:26 am
#1
Forum Regular
Thread Starter
Joined: Mar 2018
Posts: 40
Adjust status on ESTA
Hi
So, in the past 12 months, I have read a few cases of couples doing the above and the interviewing officer has not asked about entrance intentions. My I-130 has been approved (2nd notice I-797), and we are thinking about picking up in the US even though it is being sent to NVC and should then be processed in London.
Should we do this? How long does it take to hear the decision in the US?
Thanks
So, in the past 12 months, I have read a few cases of couples doing the above and the interviewing officer has not asked about entrance intentions. My I-130 has been approved (2nd notice I-797), and we are thinking about picking up in the US even though it is being sent to NVC and should then be processed in London.
Should we do this? How long does it take to hear the decision in the US?
Thanks
Mar 1st 2018, 1:10 pm
#4
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: Adjust status on ESTA
Don't do this - while others might have not been asked, you may well be, especially since you have an approved I-130 already. If you are unlucky you could end up with a lifetime ban from the US.
Mar 1st 2018, 2:12 pm
#5
Concierge
Joined: Apr 2001
Posts: 46,388
Re: Adjust status on ESTA
You won't have to be asked, your intent is clear as you have already filed the I-130 stateside and it has been approved and is now on its way to the NVC.
If you were to come to the US to complete the process, other than waiting for AOS which is 9 to 18 months later, you are taking a risk that borders, IMHO, on extremely stupid.
Have some people come to the US on the VWP (ESTA only allows you to use the VWP), married and remained to AOS and been successful? Definitely. It is a risk and in today's political climate in regards to immigration, the risk is getting greater of being denied and is an unnecessary risk.
If you were to come to the US to complete the process, other than waiting for AOS which is 9 to 18 months later, you are taking a risk that borders, IMHO, on extremely stupid.
Have some people come to the US on the VWP (ESTA only allows you to use the VWP), married and remained to AOS and been successful? Definitely. It is a risk and in today's political climate in regards to immigration, the risk is getting greater of being denied and is an unnecessary risk.
Mar 1st 2018, 2:23 pm
#6
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Adjust status on ESTA
No, don't do this. Why?
1) it is illegal to enter the USA as a tourist if your true intention is to remain and adjust status.
2) you are already more than halfway through the immigrant visa process which allows you become a US PR immediately.
3) filing AOS is like starting over. File all the forms, wait up to a year for an AOS interview, etc. Much longer path to becoming a US PR.
4) you wouldn't be able to work until you have EAD in hand, which is taking 4 months or so to obtain.
5) I have no idea how you would get your current approved I-130 back in your hands in order to submit it with the I-485. Or how AOS would work with an already approved I-130 in the system. Lots of unknowns.
Just finish the path you're on now.
Rene
1) it is illegal to enter the USA as a tourist if your true intention is to remain and adjust status.
2) you are already more than halfway through the immigrant visa process which allows you become a US PR immediately.
3) filing AOS is like starting over. File all the forms, wait up to a year for an AOS interview, etc. Much longer path to becoming a US PR.
4) you wouldn't be able to work until you have EAD in hand, which is taking 4 months or so to obtain.
5) I have no idea how you would get your current approved I-130 back in your hands in order to submit it with the I-485. Or how AOS would work with an already approved I-130 in the system. Lots of unknowns.
Just finish the path you're on now.
Rene
