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NeeRC

Help please- re visa and smoothest immigration process with marriage

By NeeRC in What Visa Do I Need - Family Based Immigration

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NeeRC Rookie

NeeRC   0

Posted
Filed: Other Country: United Kingdom
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Posted

Hi. Please could I have some advice.. my boyfriend is a US citizen and I'm from the U.K.. we are looking to get married and I want to stay in the states with him. I've spoken to 2 different USCIS ppl on the phone and one said I couldn't AOS on ESTA n the other did if he files the I130 form and I file the I-485. Also when should we time getting married bc I've heard mention of 30/90 rule and I don't want to overstay and get banned... please help guys. 

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Don't you think that is exactly what EVERY person applying for their loved ones wants... to just be together???   You have already been advised that it is fraud to plan to come on a ESTA to

geowrian
geowrian

Both guys were technically right (a rare event with the misinformation line!), but neither provided the context to make use of the information. So it's arguably worse than just giving you wrong inform

mallafri76
mallafri76

You’re allowed to marry while on ESTA, then you fly back home and file the I-130. 

GreatDane Rising Star

GreatDane   366

Posted
Filed: Lift. Cond. (pnd) Country: Denmark
 Timeline
Posted

You cannot enter the US with an ESTA visa with the intent to get married and adjust status. This would be visa fraud. If you want to marry in the US, you can apply for a K1. If you would like to marry outside the US, you can marry and apply for a CR1. You could also do a K1, get legally married in the US, and hold a wedding anytime/wherever you want. Don't rely on accurate information by calling USCIS.

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)

Both guys were technically right (a rare event with the misinformation line!), but neither provided the context to make use of the information. So it's arguably worse than just giving you wrong information.

 

You cannot come on ESTA with the intent to stay. That is clear visa fraud...do NOT do this! You can either file for a K-1 or marry then file for a CR-1. AOS is not a legal option for you now.

Edited by geowrian

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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mallafri76 Experienced

mallafri76   1,012

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Filed: IR-1/CR-1 Visa Country: Sweden
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You’re allowed to marry while on ESTA, then you fly back home and file the I-130. 

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Meg&Andrew Community Regular

Meg&Andrew   297

Posted
Filed: AOS (apr) Country: Saudi Arabia
 Timeline
Posted

Is OP not in the US? If OP is in the US and didn't have intentions on getting married at POE wouldn't OP be OK to get married and adjust? I'm just a bit confused by the wording that makes me question if OP is already in the states. 

 

If OP isn't here,  then no you absolutely can not come here and adjust.   

<3  Our K-1 Visa Journey <3

I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

NVC left -- 05-18-2016

Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

Visa Issued -- 9-08-2016

US Entry -- 09-24-2016

<3 MARRIAGE -- 10-21-2016 <3

AOS, EAD, AND AP Filed 01-05-2017

NOA1 -- 01-19-2017

Biometrics -- 02-06-2017

EAD and AP approved -- 05-19-2017

AOS approved -- 08-24-2017

Received card -- 09-01-2017

❤ Baby boy is here!! December 26th 2017 ❤

 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
6 minutes ago, Meg&Andrew said:

Is OP not in the US? If OP is in the US and didn't have intentions on getting married at POE wouldn't OP be OK to get married and adjust? I'm just a bit confused by the wording that makes me question if OP is already in the states. 

 

If OP isn't here,  then no you absolutely can not come here and adjust.   

Very true...I misread "from the UK" as "in the UK". :whistle:

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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Meg&Andrew Community Regular

Meg&Andrew   297

Posted
Filed: AOS (apr) Country: Saudi Arabia
 Timeline
Posted
5 minutes ago, adil-rafa said:

EAsy to marry in Georgia 

then get all documents ready to file CR1  

as said above you will need to return to UK 

If OP is already in US then theres no need to return to the UK. She can stay in the US and file AOS. But that has still yet to be established. If OP is in UK now and planning on coming on ESTA then yes, that would be the case. She couldn't come here and  adjust.

<3  Our K-1 Visa Journey <3

I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

NVC left -- 05-18-2016

Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

Visa Issued -- 9-08-2016

US Entry -- 09-24-2016

<3 MARRIAGE -- 10-21-2016 <3

AOS, EAD, AND AP Filed 01-05-2017

NOA1 -- 01-19-2017

Biometrics -- 02-06-2017

EAD and AP approved -- 05-19-2017

AOS approved -- 08-24-2017

Received card -- 09-01-2017

❤ Baby boy is here!! December 26th 2017 ❤

 

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GreatDane Rising Star

GreatDane   366

Posted
Filed: Lift. Cond. (pnd) Country: Denmark
 Timeline
Posted
1 hour ago, NeeRC said:

Hi. Please could I have some advice.. my boyfriend is a US citizen and I'm from the U.K.. we are looking to get married and I want to stay in the states with him. I've spoken to 2 different USCIS ppl on the phone and one said I couldn't AOS on ESTA n the other did if he files the I130 form and I file the I-485. Also when should we time getting married bc I've heard mention of 30/90 rule and I don't want to overstay and get banned... please help guys. 

OP - Where are you currently located?

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
4 minutes ago, adil-rafa said:

says Georgia on their page

"Albany GA-will be living ther" doesn't mean they are currently there.

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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Meg&Andrew Community Regular

Meg&Andrew   297

Posted
Filed: AOS (apr) Country: Saudi Arabia
 Timeline
Posted
2 minutes ago, geowrian said:

"Albany GA-will be living ther" doesn't mean they are currently there.

That's something else that threw me off. It says "will be living there" not living there or visiting there 

<3  Our K-1 Visa Journey <3

I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

NVC left -- 05-18-2016

Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

Visa Issued -- 9-08-2016

US Entry -- 09-24-2016

<3 MARRIAGE -- 10-21-2016 <3

AOS, EAD, AND AP Filed 01-05-2017

NOA1 -- 01-19-2017

Biometrics -- 02-06-2017

EAD and AP approved -- 05-19-2017

AOS approved -- 08-24-2017

Received card -- 09-01-2017

❤ Baby boy is here!! December 26th 2017 ❤

 

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)
4 hours ago, GreatDane said:

If you would like to marry outside the US, you can marry and apply for a CR1.

You can also marry in the USA and return home and file a CR-1. You don't have to marry outside the US for a CR-1. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Salty2305 Enthusiast

Salty2305   504

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted
35 minutes ago, NeeRC said:

I'm currently in the U.K. now. Just to clear that up 

With the current wait times for K1 visa, I would definitely suggest you consider the CR1 visa. 

 

Its cheaper and also means that you would be able to work, drive etc. As soon as you enter the country

K1 & K2 Visa 

 

18th April 2017: I-129f sent

21st April 2017: NOA1 Received Date

25th April 2017: NOA1 Notice Date

26th April 2017: NOA1 text confirmation

2nd May 2017: NOA1 hardcopy

7th September 2017: NOA2 Approval date

21st September 2017: NVC Received
21st September 2017: NVC Case # Received
27th September 2017: Left NVC
27th September 2017: Case Ready

4th October 2017: Medical

12th October 2017: Interview

24th October 2017: Visas in Hand

27th October 2017: POE

16th December 2017: Wedding Day

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