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Carlas

Marriage on ESTA

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Filed: Other Country: Netherlands
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Hi everyone,

 

I am a Dutch national and while visiting my American GF we decided to get married. We did not want to cope with long distance anymore. After some research we saw that it is possible to get married and apply for the AOS while visiting on a ESTA, given that the marriage was not the intent of visiting (which is our case).

However, this is still a stressful and somewhat ambigious process so we hoped if you could help us out with some advice. 

 

Does it matter if we get married before the 60 day mark? we'd rather get married sooner, so that we can speed up the paper work.

if i am in the process of applying for the AOS, and my ESTA expires (90 days) before I attain the AOS, what would be my status during that in between period?

My SO is currently working and living in California, but does not have a California state ID, (she still has her New York one) would this affect where we can apply for the AOS?

 

Thank you very much!

 

 

PS: I am currently in the US on my ESTA which is still valid for 2 more months.

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If I were you I'd get married and apply for a CR1 visa.

It is not recommended to adjust status from ESTA. 

 

Edited by Becci391
ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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Filed: AOS (pnd) Country: Nigeria
Timeline

You should be fine to adjust as long as your intent with visiting was not to stay and AOS.  It would be their burden to prove otherwise. You also don't have to wait 60 days, you can get married at any point and send in your paperwork.

 

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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Filed: Other Country: Netherlands
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4 minutes ago, Becci391 said:

If I were you I'd get married and apply for a CR1 visa.

It is not recommended to adjust status from ESTA. 

 

Thanks for your swift reply Becci! 

Is there a reason why you recommoned that? 

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I don't support it except in very limited circumstances either, but it is permitted.

 

17 minutes ago, Carlas said:

if i am in the process of applying for the AOS, and my ESTA expires (90 days) before I attain the AOS, what would be my status during that in between period?

AOS will likely take the better part of a year or longer...there's very little chance it will be approved before your legal status expires. However, once you file for AOS, you are granted authorized stay while your case is pending.

You cannot work or travel abroad until you either get the green card or an EAD/AP (so file the I-765 and I-131 with the I-485!).

 

17 minutes ago, Carlas said:

My SO is currently working and living in California, but does not have a California state ID, (she still has her New York one) would this affect where we can apply for the AOS?

No.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Country: India
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48 minutes ago, Becci391 said:

I don't recommend it. It's what people should do if they spontaneously get married. Simply because there is a visa for that.

If it was allowed to adjust status from ESTA then why is there still the CR1 visa when people spontaneously get married here in the US?

The correct way in my opinion is to get married, apply for the CR1 visa, go back home and wait for the visa.

I honestly don't support adjusting status from ESTA but that's just my personal opinion...

I fully agree with Becci391. AOS takes around year and you will get EAD after submitting AOS but there will still be time where you will be out of status. Eventhough one is protected for overstay being spouse of US citizen, my advise is dont overstay any kind of visa ever but thats just my personal opinion. 

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3 minutes ago, cd37 said:

Eventhough one is protected for overstay being spouse of US citizen, my advise is dont overstay any kind of visa ever but thats just my personal opinion. 

That's a partial view of the issue. If you file for AOS within the 90 days of legal status, you won't have any overstay since you have authorized stay while the case is pending (i.e. no unlawful presence is accrued). If you file after the 90 days, then there is a period of overstay/unlawful presence (and you can't use an ESTA ever again).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Country: India
Timeline
7 hours ago, geowrian said:

That's a partial view of the issue. If you file for AOS within the 90 days of legal status, you won't have any overstay since you have authorized stay while the case is pending (i.e. no unlawful presence is accrued). If you file after the 90 days, then there is a period of overstay/unlawful presence (and you can't use an ESTA ever again).

Filing AOS doesnt grant you any status regardless when it was filed. Its just a paper which says you submitted application. You still have to maintain legal status until your green card is issed. 

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Filed: K-1 Visa Country: Netherlands
Timeline
9 hours ago, Carlas said:

Hi everyone,

 

Welkom fellow Dutchie!

I have nothing to add to the posters above me. Just wanted to say hi and wish you good luck.

06.01.2016 met online                                                                    

06.23.2017 met in person                                                              

12.16.2017 got engaged

 

K1 fiance visa

12.20.2017 K1 filed

12.22.2017 NOA-1

07.10.2018 NOA-2 (200 days)

07.18.2018 case at NVC (case number available on 07.20)

7.26.2018 case at Amsterdam Consulate

7.27-2018 P3 through e-mail

08.02.2018 medical

08.14.2018 interview APPROVED 

08.21.2018 POE

08.25.2018 💕Married 💕

 

AOS adjustment of status and AP/EAD 

08.27.2018 filed AOS, AP and EAD

08.30.2018 NOA-1 on all 3

9.21.2018 RFE on AOS

9.28.2018 replied to RFE

10.04.2018 biometrics appointment Louisville

11.29.2018 AOS interview Indianapolis  

01.28.2019 AOS approved

 

ROC removal of conditions

12.7.2020 filed ROC 

1.30.2021 NOA-1

5.28.2021 existing biometrics applied (no new biometrics done)

10.27.2021 ROC approved (no interview)

 

Check your case status: https://myaccount.uscis.dhs.gov

Call USCIS: 800-375-5283 

 

 

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Good Morning @Carlas

It is possible to AOS from your esta. USCIS will not hold that aganist you. Plans change and they understand that, as long as you are always telling the truth. There is a presumption of a 30/60/90 day rule when adjusting from VWP/B2/F1/J1 etc, the rule is not official but it might be a guideline used by USCIS. That rule was from the department of state and people say uscis used it. the DOS has changed that to a 90 day rule, but that should not affect the USCIS (since its not their rule to start with). Just make sure to have evidence proving it was supposed to be a short trip, like a return ticket, etc.

Once you get married this are the forms that you will need to fill out. (You can start already).

I-130

I-130A

I-485

I-864

I-693 (Medical Exam, not required for initial processing, you can have it done later, wont delay your process)

I-765

I-131

 

Just make sure to have proof of bona fide relationship to submit with your application. Ask your GF to add you on the lease, or add you to her bank account (bank of america and wells fargo do not require a Social security number), add you to some bills, car insurance, renters insurance, life insurance, health insurance. Add some pictures, affidavits from friends and/or family,  You dont need to have all of those, but you need to provide a few of them. 

 

Good luck! 

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21 minutes ago, Clara Monteiro said:

Good Morning @Carlas

It is possible to AOS from your esta. USCIS will not hold that aganist you. Plans change and they understand that, as long as you are always telling the truth. There is a presumption of a 30/60/90 day rule when adjusting from VWP/B2/F1/J1 etc, the rule is not official but it might be a guideline used by USCIS. That rule was from the department of state and people say uscis used it. the DOS has changed that to a 90 day rule, but that should not affect the USCIS (since its not their rule to start with). Just make sure to have evidence proving it was supposed to be a short trip, like a return ticket, etc.

Once you get married this are the forms that you will need to fill out. (You can start already).

I-130

I-130A

I-485

I-864

I-693 (Medical Exam, not required for initial processing, you can have it done later, wont delay your process)

I-765

I-131

 

Just make sure to have proof of bona fide relationship to submit with your application. Ask your GF to add you on the lease, or add you to her bank account (bank of america and wells fargo do not require a Social security number), add you to some bills, car insurance, renters insurance, life insurance, health insurance. Add some pictures, affidavits from friends and/or family,  You dont need to have all of those, but you need to provide a few of them. 

 

Good luck! 

Actually Bank of America wanted to see both, mine and my husband's SSN when we opened a savings account with them.

I'd go there and ask before you open an account together. 

Edited by Becci391
ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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