If I am getting married and I have to leave USA, if I came back with ESTA, can I ask an adjustment of state? 3 Answers as of November 20, 2014

I'm from Italy, my ESTA expire the 9th December and I'm getting married.
I have some business in London for three or four month, after that, me and my wife decided to stay in the States.
Can I submit an I-130 petition form before my leaving and then came back here with ESTA, and ask for an Adjustment of Status to stay here with her while the procedure is processing?
If that's the case, after my Adjustment of Status Is approved, what kind of procedure should I pass through to have the citizenship? The Application for Immigrant Visa and Alien Registration (Form DS-260)?

Thanks a lot!!

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, you cannot do that. You cannot travel on the ESTA if you have immigrant intent. Enter the US when you plan to stay here for an extended period of time and then file after you've been in the US for at least 90 days or so. Otherwise, plan to be outside the US for up to 9-12 months while your consular processing petition is pending. You can't have it both ways. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/20/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Do not marry and then leave the country. This is a really bad idea. You can have issues coming back in. It usually takes about a year to bring a spouse from outside the US. The preferred option would be to marry in the US and then apply for a work permit, travel permit and green card. Then you can travel without any complications.
Answer Applies to: California
Replied: 11/19/2014
Alena Shautsova
Alena Shautsova | Alena Shautsova
Consult with an attorney. You can apply now and travel on advance parole.
Answer Applies to: New York
Replied: 11/19/2014
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