filing i130 and i485 whilst in the US under via waiver

[dawgCV]

Hi everyone

I hope this is the right section to ask, but I'm after some advice.

Background

My wife and I have been married 6 years. She is the US citizen and has been in the UK legally for a number of years. Both our children and dual US/UK citizens. I am a UK citizen. Edit: We were married in the US under licence and have the certificate for evidence

Question

As we are visting family in the US we can see that my father in law, who lives alone, is finding it more and more difficult to be on his own due to health issues. Unfortunately this is also true of other family members one who isn't long for this world. If my wife and I file both an i130 and i485 whilst I'm in the US under ESTA 1. Is this legal and 2. Once filed am I legally allowed to stay in the US pending the results of the application?

I wouldn't want to risk this being illegal and resulting in deportation and a ban for me, as this will make an already bad situation worse as I'll not be able to be with my family in the US

Looking at some websites / other forums it seems no one has ever asked this question before.

I appreciate any advice on this

 

[newacct]

It is legal, and you are allowed to stay in the U.S. while it's pending, but if you are placed into deportation during the time after the I-94 expires, you will not be able to contest it. Also, you should be prepared to explain that you did not have intent to immigrate when you entered, and how and why you changed your mind afterwards.