ESTA,AOS and 90-days *bit different* : immigration

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Hello

Was looking this sub all day to search out one thing like my state of affairs however failed. Attempting to make this quick.

Again in June 2018 I entered the US with my ESTA to see my GF for five weeks (been collectively long-distance for 18 months by that point). We determined to get married and three days after that I left the US as I used to be nonetheless sure to the German army and needed to get again to work.

We hadn’t determined but if we might transfer to Germany or settle within the US. However we determined to create our personal „Homebase“ and lease a spot. So every time my work would let me, I came visiting to the US to see my now wifey, helped her signing the lease (we’re each on it) and transfer in. We now have been dwelling this life for 3 years now, with us touring forwards and backwards every time we may.

Sooner or later (14 months earlier than my contract with the army ended) she instructed me that she doesn’t need to relocate to Germany as she will not be prepared to surrender her work/household/associates and so forth. which I completely perceive and I didn’t actually care the place to start out over after my discharge.

My spouse is a US-Citizen so she filed a I-130 petition in April 2020 for the consular processing. It bought authorised and forwarded to NVC a while later in 2020. We bought our logins and I began gathering the paperwork. Being dwelling for a go to after my discharge in April 2021 we had a fairly robust dialogue about „I don’t need to wait any longer to have my husband over right here“. And now that I’m again dwelling for our three-year-anniversary she is telling me to file for AOS. I refuse to take action and making an attempt to get some extra data as the bulk on this sub is getting married with ESTA/VWP and do AOS after that.

Citizenpath says it’s attainable to modify from consular to AOS of their FAQs on the backside.

However the mind-boggling factor is the 90-day rule. Does it have an effect on me as we now have been married for 3 years now? Some say it does, some say it doesn’t. Ought to I am going and search for a immigration lawyer?

Possibly a few of you on this sub know extra. some recommendation could be appreciated.

Thanks

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