Jacob Needham
Jan 18, 2025
is it really illegal
is it truely illegal to stay in the US while i130 is processing? spoke to a lawyer and they said I could’ve stayed in the US and filed an i130 and i485 instead of going back to my country but I was under the impression I had to leave because I went to the US on an esta. almost tempted to go over and finish this process in the US but I have work and a good income right now.
IR-1/CR-1
U.S. citizen filing for a spouse
Total Days: 623 days
Case
2023-08-11
2025-04-25
I-130
623 Days
Vermont Service Center: I-130
Timeline Map
2023-08-11
I-130
Submission to USCIS
2025-04-25
I-130
D+623
Decision (Approval or Denial)
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Leah TimmermanJan 18, 2025
hi Jacob, I come and visit my husband on esta, me too I have throught about doing an adjustment of status because comeing back and forth can be tiering and having to get time off work and have enough savings to stay a while, but the thing with esta is your main reason for this visa is to visit with no intention of staying with that being said some cases have been approved where they adjusted there status on esta but this is heavily scrutinized. personally I didn’t want to risk it as in my research and talking to multiple lawyers more cases get denied then approved when adjusting on esta
K 🇺🇸 D 🇭🇳 Jan 18, 2025
You can use a visitor visa to visit your wife, just be prepared to prove you are returning to Australia. I have heard of people also adjusting their status while on ETSA, but they didn’t plan it that way. I would use your ETSA while you wait to visit your wife.
K 🇺🇸 D 🇭🇳 Jan 18, 2025
you should check out this website for advice too. I have been using it for a while https://www.visajourney.com/
elisa sJan 18, 2025
yes you can stay as soon as you did your fingers print they can’t do nothing against you
elisa sJan 18, 2025
also ask for the work permit and you could be able to work in the US
Jacob NeedhamJan 18, 2025
@Svea 🌸 no nothing from congress, we are going to be speaking to a lawyer over the phone next week to see our legal options, I don’t think an ESTA is a valid visa to adjust status though and I just don’t know if I want to take the risk which is why we are speaking to a lawyer about it
Rocco FortéJan 19, 2025
@Jacob Needham If you have a good job, just stay back and consular process.
E RJan 19, 2025
@Jacob Needham I would stay put if I were you. Dont risk it. That said, Vermont is currently approving September cases. You should try to call USCIS directly and speak to a live agent.
Jacob NeedhamJan 20, 2025
@E R where can I find a phone number to call?
syeda shahJan 20, 2025
@jacob 800-375-5283 but be aware it’s extremely hard to get through someone i heard on a reddit post ask to update your information like address or name and u should be able to get through someone. i dont know how much they are able to help u tho :/ but its worth a try they are open 8-8 eastern time i believe
syeda shahJan 20, 2025
@Jacob Needham
