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AoS with ESTA? Help ????

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  • AoS with ESTA? Help ????

    Me and my husband (US Citizens) got married last year in december. He is in the Army and was sent to work at the Border in NM for the last few months, so I came to the US to visit him as soon as he got back. While surfing in the internet to see what we need for the consular processing (because we wanted to prepare the paperwork and start the whole process as soon as I get back to Germany) we found some informations about the "Adjustment of status" Now we are not sure if we can do the adjustment of status, we don't wanna get in any trouble because I came to the states on an ESTA.

    I was wondering if anyone here has experiences with a case like ours.

    ????????????????????????

  • #2
    It is possible to do Adjustment of Status as a Visa Waiver Program visitor since you are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen). Some people don't suggest doing AOS too soon after entry because you might be more easily suspected of fraud.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by Clairy View Post
      Me and my husband (US Citizens) got married last year in december. He is in the Army and was sent to work at the Border in NM for the last few months, so I came to the US to visit him as soon as he got back. While surfing in the internet to see what we need for the consular processing (because we wanted to prepare the paperwork and start the whole process as soon as I get back to Germany) we found some informations about the "Adjustment of status" Now we are not sure if we can do the adjustment of status, we don't wanna get in any trouble because I came to the states on an ESTA.

      I was wondering if anyone here has experiences with a case like ours.

      ????????????????????????
      A lot of people adjust their status after they have entree USA on ESTA . That does not mean necessarily that is right, but you can do it. My advice would be to go for a free consultation to an attorney , they are a lot that will do the first consultation free, otherwise is not much money usually is about $100 and in my opinion is worth it to not get in trouble or do the papers wrong. i think is the best. That is what we did to make sure that we will not make any mistakes on the papers.

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      • #4
        Originally posted by newacct View Post
        It is possible to do Adjustment of Status as a Visa Waiver Program visitor since you are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen). Some people don't suggest doing AOS too soon after entry because you might be more easily suspected of fraud.
        I got here 2 months ago so it's getting closer to the last of the 90 days I'm allowed to stay here (bc of the ESTA) like I said we just found out that AOS exists, so that's why we thought about doing it now. Why can someone doing it "to soon" (whatever they consider as to soon) might be suspected of fraud?

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