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  • Adjustment of Status on ESTA for British Citizens

    Posted 41 minutes ago ยท Report post
    Hello,

    I am a British citizen married to an American (got married in USA in April 2016) and am visiting him on ESTA. This is my fourth visit to the United States and we both were hoping to get a settled status in the United Kingdom last month, however due to the incompetency of the Home Office part of our application was lost and so my American Husband received a denial. To make things worse when he arrived in the U.K. Two weeks later, exercising his right to visit me as a tourist, he was removed from the country within 24 hours. In this window I made up my mind and packed two suitcases and came along to Decatur to spend 3 months with him as we both Felt we couldn't be separated again.

    We both contemplated moving to Spain where I could gain legal employment as I am a dual EU citizen of U.K. and Poland and so could get him there in a matter of months, however another thought crossed our mind. Since our life got so complicated due to the UK immigration conundrums, would it be legitimate to apply for Adjustment of Status on my ESTA. I am aware that there have to be legitimate circumstances to do it on the visa waiver programme, but from our perspective the situation got so real and difficult that I feel it's the only way to be together. If I move to Spain it will be months before he can see me again to settle.

    My husband has full time employment here and makes a substantial amount, it would be convinient for us to consider the states as the next move, especially that I am a linguist and could find work here easily.

    My question would therefore be, is our situation serious enough to ask for the green card while I'm here on a holiday? Our objective has never been to do it this way, I have my return flight booked but given the circumstances this could be the only option to stay together in one place. Would my story be good enough to convince the authorities if asked for the reason of AOS on ESTA? What do you suggest?

    Thank you for help,

  • #2
    Assuming you do not have a criminal history or carry communicable diseases, I do not foresee you will have any complications or obstacles in applying for permanent residency while here in the United States

    Please be aware that different immigration benefits require different investments in your TIME:

    - 6-9 months until your permanent residency paperwork is filed, accepted, and your "advance parole" is issued before you may leave the United States temporarily
    - two years of matrimonial harmony (after you are granted PR) in order to utilize the simplified filing method to render your permanent residency unconditional with respect to your continued marriage
    - three years of matrimonial harmony (after you are granted PR) for an expedited path to US citizenship, after which you will retain your right to enter, live, and work in the United States without any conditions with respect to your continued residency in the United States

    That is to say, if you are willing to spend four years (+/-) in the United States, you and your husband can leave and pursue UK or other foreign residency, while you retain the option of coming back. I myself am married to a UK citizen, so I sympathize strongly with your husband

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