Q: I' married to an American citizen and here on the ESTA Waiver program - can I change my status and stay in the country?
I am a Danish citizen married to an American citizen for 2 years. We got married in the US. We have a 2-year-old son, who is an American citizen too. I'm here on the ESTA Waiver program - 22 days left before I have to leave. Can I bring form (I-130) and (I-485) to an USCIS office and stay in the country hereafter? I'm afraid that if I mail (I-130) it wont be approved before I have to leave the country, and then I wont be able to return before all the paperworks are finalized. Or can I stay even when (I-130) is pending?
Hope you can help out. Thank you.
/Sofie
A: Here is the link to the USCIS page for green card applications w/ a US citizen spouse: https://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen . The key issue here is whether you qualify for "adjusted status" (check the USCIS for details). The general rule is that most green card applicants CANNOT be in the US while their application is pending UNLESS the non-resident alien (you) qualifies (and receives) a valid visa to stay in the US (check the USCIS website for details on visas). As a side note, processing will not be faster mailing or handing in the form (I do not believe the Denver USCIS will accept residency application because they are evaluated at another office). The best advice is to either contact an immigration attorney (it will cost money) or schedule an appointment at the Denver USCIS office (finding a slot can be difficult, so try daily). The USCIS is free and in my experience very helpful.
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