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Does anyone have any advice on the following:
My wife and I have already submitted our I-130 petition for me being outside the US. I am in Australia, waiting rather impatiently. We are contemplating cancelling that application and me coming to the US and applying within. I would have to enter on the ESTA but according to the instructions on the I-485 form you can come in on an ESTA and apply for adjustment of status provided you are married to a US citizen. Which I am. I have always heard it is a risk to come in this way because you are not supposed to enter with the intention of staying. These instructions conflict this.
Also, if applying within the US I'm a little confused of the process. You apply for the I-130 and once received you can apply for the I-485 plus the I-765 at the same time for employment authorisation. Does this mean that if the I-765 takes approx 3 months to process you can be eligible to work before the I-130 and I-485 are complete? They both have different processing times. I assume they assess your eligibility from your I-130 petition and then they process your adjustment of status?? This is what I'm unsure about - it's really hard to figure out roughly how long it will all take. If anyone could shed some light for me on this process I would be eternally grateful.
Thanks in advance
My wife and I have already submitted our I-130 petition for me being outside the US. I am in Australia, waiting rather impatiently. We are contemplating cancelling that application and me coming to the US and applying within. I would have to enter on the ESTA but according to the instructions on the I-485 form you can come in on an ESTA and apply for adjustment of status provided you are married to a US citizen. Which I am. I have always heard it is a risk to come in this way because you are not supposed to enter with the intention of staying. These instructions conflict this.
Also, if applying within the US I'm a little confused of the process. You apply for the I-130 and once received you can apply for the I-485 plus the I-765 at the same time for employment authorisation. Does this mean that if the I-765 takes approx 3 months to process you can be eligible to work before the I-130 and I-485 are complete? They both have different processing times. I assume they assess your eligibility from your I-130 petition and then they process your adjustment of status?? This is what I'm unsure about - it's really hard to figure out roughly how long it will all take. If anyone could shed some light for me on this process I would be eternally grateful.
Thanks in advance
