Adjustment of Status on ESTA

[Mishka79 0]

3 hours ago, Becci391 said:

Contact an immigration lawyer if you want reliable answers.

What NOA? Notification of approval or else?

[Boiler 43,425]

7 minutes ago, Mishka79 said:

Thank you for the reply. Does it mean the whole process will take no longer than 90 days? I would like to get on with my business and go to Europe within 4 months. I do hope this process is seamless and not too lengthy.

i gather that I have to submit my passport with the application or is it only a photo copy?

 

ive tried to find some similar threads to mine but to no avail. I do wonder how longe vwp applicants wait for their status to be adjusted and what percentage of applications is successful. Got cross eyed browsing through the posts lovely people. Any ideas please inundate me.

No, you get AP and EAD first, AP to travel and EAD to work, if you get a move on you could hopefully get that within 4 months.

[Dutchster 1,106]

Not the whole process will take 90 days. Only your work authorization and advance parole will take up to those days to receive. The green card will still be several months of waiting in most cases.

Adjusting on VWP is really not that uncommon, honestly. It happens more than you think. It sounds like there is no reason to deny either. Fill out the I-130/I-1485/I-765/I-131 petitions, await the approval of I-765/I-131 (combo card) to leave the country. Be back in time a possible green card interview. Good luck, OP.

Edited March 25, 2017 by Dutchster

[Mishka79 0]

39 minutes ago, Dutchster said:

Not the whole process will take 90 days. Only your work authorization and advance parole will take up to those days to receive. The green card will still be several months of waiting in most cases.

Adjusting on VWP is really not that uncommon, honestly. It happens more than you think. It sounds like there is no reason to deny either. Fill out the I-130/I-1485/I-765/I-131 petitions, await the approval of I-765/I-131 (combo card) to leave the country. Be back in time a possible green card interview. Good luck, OP.

You have made my day! I'll talk to my husband about the particulars of this process and hopefully we will start in next week. I am hopeful. Thank you again for the answer. May I know where you have all this knowledge from? Have you gone through it yourself? It is actually hard to estimate anything a single the state doesn't give you any timescales for the process.

 

cheers

[oncoming traffic 21]

4 hours ago, Boiler said:

AOS from the VWP is extremely common, intent was adjudged when you entered.

@Mishka79 this is the most important thing to remember to set your mind at ease if this is the route you take. if they had reason to believe you would violate the restrictions of the esta then you would have been denied at the border

 

1 hour ago, Mishka79 said:

ive tried to find some similar threads to mine but to no avail. I do wonder how longe vwp applicants wait for their status to be adjusted and what percentage of applications is successful. Got cross eyed browsing through the posts lovely people. Any ideas please inundate me.

as for this, i suggest you get super familiar with this site as it's an incredible resource when figuring out everything on your own. average timelines are linked at the top of the site.. do keep in mind those are averages. if docs or signatures are forgotten or if they need more evidence of course that will take more time than a case that provides everything from the start. as for success rate of applications.. everyone's case is different and it's hard to say. denials of all kinds are posted on this site every day. when it comes down to it, their foreign spouse could be a murderer for all you know. ; ) all we can say for sure right now is that you will not be denied on the basis of intent because that judgment happened at entry.

 

good luck with whatever route you decide to take. don't be disheartened.. this is a whole community of people who had to figure it out !

[discoverusa 229]

Just wanted to say good luck. I am from Poland too. Don't worry and follow the I-130 guide on this web site.

[kzielu 1,147]

4 hours ago, Mishka79 said:

You have made my day! I'll talk to my husband about the particulars of this process and hopefully we will start in next week. I am hopeful. Thank you again for the answer. May I know where you have all this knowledge from? Have you gone through it yourself? It is actually hard to estimate anything a single the state doesn't give you any timescales for the process.

 

cheers

Thousands of people went through adjustment of status, including myself - from L-1B visa - which is a slightly different circumstance but process is exactly the same in every case. You have to chill out, go ahead and apply.

Interview dates vary wildly depending on how busy your local office is, remember you will get mandatory interview at which you will have to provide proof of bona fide marriage so better start getting ready for it and make you sure you're back to the country for that.

[yuna628 9,527]

14 hours ago, Mishka79 said:

Thank you for the reply. Does it mean the whole process will take no longer than 90 days? I would like to get on with my business and go to Europe within 4 months. I do hope this process is seamless and not too lengthy.

i gather that I have to submit my passport with the application or is it only a photo copy?

 

ive tried to find some similar threads to mine but to no avail. I do wonder how longe vwp applicants wait for their status to be adjusted and what percentage of applications is successful. Got cross eyed browsing through the posts lovely people. Any ideas please inundate me.

OP: I'm sorry to hear about the difficulties you've had in the UK immigration process with your spouse.

If it was an error on their part I would certainly hire a lawyer to fight them, and I know of a few UK-based lawyers that might be willing to assist if you ever wanted to go back to that possibility or try again. But I know how difficult the climate is in the UK right now regarding immigration.. and you may be well and truly fed up.

As you are currently in the US legally, yes you can adjust. I can't say how long that avenue may remain open under our current administration, but nothing regarding that seems likely to change thus far. people do it all the time.

 

When you AOS, you generally need to apply for an EAD/AP (travel/work permit) with the same application. The EAD/AP will arrive first, usually 90 days (get  an SSN too, once you have that EAD, and you may also be called to give biometrics). Now, though they don't promise that time frame, and I've been seeing it creep up into a longer amount of time. So I cannot promise you it will arrive in the time frame you might want. The green card can take up to a year. Keep in mind though, if you're looking to continue to work in the UK up to the point of having a green card, this may not be the way for you, and you may want to go a spousal visa route - which is certainly doable. EAD/AP will enable you to travel back to the UK, but don't stay there for long periods. The green card process is for remaining and living in the US. Other things to consider are health insurance, which you must obtain or pay a penalty in taxes. Again if you have extensive business abroad or wish to continue working up until finalizing everything, I would encourage a different route.

 

Lastly, you can expect that every process you go through is lengthy, just follow the guides here, and above all please always send photocopies - never send originals of anything, you will never get it back.

[Mishka79 0]

1 hour ago, yuna628 said:

OP: I'm sorry to hear about the difficulties you've had in the UK immigration process with your spouse.

If it was an error on their part I would certainly hire a lawyer to fight them, and I know of a few UK-based lawyers that might be willing to assist if you ever wanted to go back to that possibility or try again. But I know how difficult the climate is in the UK right now regarding immigration.. and you may be well and truly fed up.

As you are currently in the US legally, yes you can adjust. I can't say how long that avenue may remain open under our current administration, but nothing regarding that seems likely to change thus far. people do it all the time.

 

When you AOS, you generally need to apply for an EAD/AP (travel/work permit) with the same application. The EAD/AP will arrive first, usually 90 days (get  an SSN too, once you have that EAD, and you may also be called to give biometrics). Now, though they don't promise that time frame, and I've been seeing it creep up into a longer amount of time. So I cannot promise you it will arrive in the time frame you might want. The green card can take up to a year. Keep in mind though, if you're looking to continue to work in the UK up to the point of having a green card, this may not be the way for you, and you may want to go a spousal visa route - which is certainly doable. EAD/AP will enable you to travel back to the UK, but don't stay there for long periods. The green card process is for remaining and living in the US. Other things to consider are health insurance, which you must obtain or pay a penalty in taxes. Again if you have extensive business abroad or wish to continue working up until finalizing everything, I would encourage a different route.

 

Lastly, you can expect that every process you go through is lengthy, just follow the guides here, and above all please always send photocopies - never send originals of anything, you will never get it back.

Thank you very much for this extensive reply. I'm happy to know there are ways for us to stay together. 

The processes you have described are beatable and I will duly follow them. Most important thing is the possibility to stay here and find employment so the first two documents you have mentioned have the highest value for me. The green card is a plus but that can obviously wait.

i am sitting down now to list all the documents I need for this process so we can file them in a week or two.

 

thank you very much for your amazing reply. It means a lot to me.

 

Michal

[Mishka79 0]

1 hour ago, yuna628 said:

OP: I'm sorry to hear about the difficulties you've had in the UK immigration process with your spouse.

If it was an error on their part I would certainly hire a lawyer to fight them, and I know of a few UK-based lawyers that might be willing to assist if you ever wanted to go back to that possibility or try again. But I know how difficult the climate is in the UK right now regarding immigration.. and you may be well and truly fed up.

As you are currently in the US legally, yes you can adjust. I can't say how long that avenue may remain open under our current administration, but nothing regarding that seems likely to change thus far. people do it all the time.

 

When you AOS, you generally need to apply for an EAD/AP (travel/work permit) with the same application. The EAD/AP will arrive first, usually 90 days (get  an SSN too, once you have that EAD, and you may also be called to give biometrics). Now, though they don't promise that time frame, and I've been seeing it creep up into a longer amount of time. So I cannot promise you it will arrive in the time frame you might want. The green card can take up to a year. Keep in mind though, if you're looking to continue to work in the UK up to the point of having a green card, this may not be the way for you, and you may want to go a spousal visa route - which is certainly doable. EAD/AP will enable you to travel back to the UK, but don't stay there for long periods. The green card process is for remaining and living in the US. Other things to consider are health insurance, which you must obtain or pay a penalty in taxes. Again if you have extensive business abroad or wish to continue working up until finalizing everything, I would encourage a different route.

 

Lastly, you can expect that every process you go through is lengthy, just follow the guides here, and above all please always send photocopies - never send originals of anything, you will never get it back.

I am currently scribbling down information regarding documentation required to prove our relationship with my husband. One of the requirements is to show that we have a tenancy agreement in our both names, which we currently don't. We are living with friends for a couple of months. I am wondering if the lack of this information will contribute to rejection of the form I-130. As for the finances we are going to have a joint account from next Monday which will prove we have finances together. I hope this will do. What puzzles me is the tenancy agreement in both our names. Is this a prerequisite to file this form? I wonder. Also any additional documentation to prove our marital union would mean photographs, bookings, travels, flights etc? logs of phone calls, text messages etc? Thank you for replying.

[Mishka79 0]

I am currently scribbling down information regarding documentation required to prove our relationship with my husband. One of the requirements is to show that we have a tenancy agreement in our both names, which we currently don't. We are living with friends for a couple of months. I am wondering if the lack of this information will contribute to rejection of the form I-130. As for the finances we are going to have a joint account from next Monday which will prove we have finances together. I hope this will do. What puzzles me is the tenancy agreement in both our names. Is this a prerequisite to file this form? I wonder. Also any additional documentation to prove our marital union would mean photographs, bookings, travels, flights etc? logs of phone calls, text messages etc? Thank you for replying.

[Mishka79 0]

3 hours ago, yuna628 said:

OP: I'm sorry to hear about the difficulties you've had in the UK immigration process with your spouse.

If it was an error on their part I would certainly hire a lawyer to fight them, and I know of a few UK-based lawyers that might be willing to assist if you ever wanted to go back to that possibility or try again. But I know how difficult the climate is in the UK right now regarding immigration.. and you may be well and truly fed up.

As you are currently in the US legally, yes you can adjust. I can't say how long that avenue may remain open under our current administration, but nothing regarding that seems likely to change thus far. people do it all the time.

 

When you AOS, you generally need to apply for an EAD/AP (travel/work permit) with the same application. The EAD/AP will arrive first, usually 90 days (get  an SSN too, once you have that EAD, and you may also be called to give biometrics). Now, though they don't promise that time frame, and I've been seeing it creep up into a longer amount of time. So I cannot promise you it will arrive in the time frame you might want. The green card can take up to a year. Keep in mind though, if you're looking to continue to work in the UK up to the point of having a green card, this may not be the way for you, and you may want to go a spousal visa route - which is certainly doable. EAD/AP will enable you to travel back to the UK, but don't stay there for long periods. The green card process is for remaining and living in the US. Other things to consider are health insurance, which you must obtain or pay a penalty in taxes. Again if you have extensive business abroad or wish to continue working up until finalizing everything, I would encourage a different route.

 

Lastly, you can expect that every process you go through is lengthy, just follow the guides here, and above all please always send photocopies - never send originals of anything, you will never get it back.

Dear Yuna,

 

I am reading the notes for I-485 and as for eligibility criteria in point 10 I can't find a point that relates to me. Who am I really and what do I need to submit to show them I meet there eligibility criteria? I swear to god these forms are doing my head in. So convoluted and referring to forms already submitted and resubmitted and receipts and so on., I will attach the form here if you could tell me, provided you have enough time to spare that would be amazing. Point 10 eligibility criteria! Thank you so much

i-485instr.pdf

[yuna628 9,527]

3 hours ago, Mishka79 said:

I am currently scribbling down information regarding documentation required to prove our relationship with my husband. One of the requirements is to show that we have a tenancy agreement in our both names, which we currently don't. We are living with friends for a couple of months. I am wondering if the lack of this information will contribute to rejection of the form I-130. As for the finances we are going to have a joint account from next Monday which will prove we have finances together. I hope this will do. What puzzles me is the tenancy agreement in both our names. Is this a prerequisite to file this form? I wonder. Also any additional documentation to prove our marital union would mean photographs, bookings, travels, flights etc? logs of phone calls, text messages etc? Thank you for replying.

I would think a sworn statement from you two/and the friends describing the living arrangements would suffice. Do you pay rent to the friends? Is your husband adding you to their health insurance? Life insurance? Wills? Any bills he could add your name to? And yes I would think that any thing that would show evidence of you two being married/cohabitating. As you can see AOSing in this way and AOSing from a marriage based visa are a little different with the proof required.

2 hours ago, Mishka79 said:

Dear Yuna,

 

I am reading the notes for I-485 and as for eligibility criteria in point 10 I can't find a point that relates to me. Who am I really and what do I need to submit to show them I meet there eligibility criteria? I swear to god these forms are doing my head in. So convoluted and referring to forms already submitted and resubmitted and receipts and so on., I will attach the form here if you could tell me, provided you have enough time to spare that would be amazing. Point 10 eligibility criteria! Thank you so much

i-485instr.pdf

I'm going to direct you to this Q/A guide, which should address this.

And this guide should help you in putting it all together. http://www.visajourney.com/content/i130guide2

[Mishka79 0]

17 hours ago, kzielu said:

Thousands of people went through adjustment of status, including myself - from L-1B visa - which is a slightly different circumstance but process is exactly the same in every case. You have to chill out, go ahead and apply.

Interview dates vary wildly depending on how busy your local office is, remember you will get mandatory interview at which you will have to provide proof of bona fide marriage so better start getting ready for it and make you sure you're back to the country for that.

Kzielu,

 

I need to ask you a birth certificate question. Did you submit a copy of your original or reissued birth certificate of did you submit a copy of our national id which virtually states the same? I wonder if this move is permited cos I really want to skip the embassy and wait time to get it, and possible additional costs.

Thank you.

[kzielu 1,147]

3 hours ago, Mishka79 said:

Kzielu,

 

I need to ask you a birth certificate question. Did you submit a copy of your original or reissued birth certificate of did you submit a copy of our national id which virtually states the same? I wonder if this move is permited cos I really want to skip the embassy and wait time to get it, and possible additional costs.

Thank you.

I submitted copy of birth certificate and its translation, as instructions stated.

Unless they changed, I wouldn't expect much success with an ID.