AOS while visiting on ESTA with US citizen wife

[old_spaghetti]

Hello,

I've seen many instances of people getting married while in the US on ESTA and filing AOS for a green card during or after the 90 day ESTA period, where the US citizen partner is resident in the US.

Has any got experience of successfully filing AOS with a US citizen partner who is current non-resident in the US, the foreign partner being here on ESTA?

Our situation is that I have been married for a number of years to my US citizen wife, and we live in the UK (she, and our son, has UK and US passports). We (myself, wife and son) are visiting USA to be with family for the holidays and while here (for less than a week now) my wife has been catching up with a friend who has offered her (verbally for now, but could become in writing very soon) a job with a company here in the USA, which sounds very attractive, and we are seriously considering making the move. However we can only consider it if we can find a way to make the move without being separated for too long. Returning to the UK and filing an application there is impossible for us because the job will not wait that long for her (she will need to start within 3 months) and we can't consider being apart for the 12 months or more it would take to determine an application. So the only choice seems to be to stay in the US and file AOS here, in which case I couldn't even go back to the UK for a short time prior to filing because I couldn't re-enter under ESTA with pre-conceived intent to file AOS.

I am contacting some immigration attorneys for advice but would appreciate feedback from anyone here who has experience of this. We need to make some decisions urgently as my planned date to return to the UK is in a few days and if I do that it will reduce our options.

Specific questions relating to this situation, beyond "is it possible" are:
1) I understand I would need to stay in the USA until I received an EAD/AP card which typically comes within around 90 days. Am I correct that an EAD/AP card can be obtained in this case and what is the fastest way to get that?
2) Relating to the above, I can see that different USCIS offices have different turnaround times, what determines the USCIS office used for the application in this case? The address we're staying at when we file the application, or some other address?
3) Would my wife be free to leave the USA to go back to UK to pack up our home during the period before I receive an EAD/AP card?
4) Is there any impact from the fact that my wife is currently resident in the UK? Does she need to in any way justify her intention to move back to the USA in order to sponsor a petition?

Thanks in advance for any information offered!

-OLS

[UScitizenFilingforspouse]

If you reside in the UK, you may file the I-130 directly at the USCIS International office in London. It processes I-130s in 2.5 months. I would just take that route. You can confirm the processing times for international offices here. https://egov.uscis.gov/processing-ti...rations-office

And you can check the processing times for the I-485 Adjustment of status form here. https://egov.uscis.gov/processing-times/

I personally would file via the International Office.

[miiki]

So.. you came to the US to visit family with no intention of immigrating, but then your circumstances changed? You sound like everyone else who adjusts on a visitor visa possibly with better evidence that you had no intent to immigrate when you entered.

I'd say go for adjustment if you know you want to stay here. Keep in mind that the AP/EAD can take 3-6 months. You won't be able to work or leave the US until you get those. You MAY be able to expedite the EAD, but no promises there. When you file for adjustment, your spouse (and additional sponsors if necessary) have to have enough income and agree to take care of you while you are in the US on a green card.

Going through consular processing will take quite a while. After the I-130 is approved, THEN you'd apply and wait for an immigrant visa.