Jump to content

6 posts in this topic

Recommended Posts

Posted (edited)

Hi so my husband and I got married in my country only a few days ago in Scotland. 

I have flown over to him in the US now on holiday to spend more time with him. We are trying decide if we should change my status while I am here on the 90 day ESTA visa? 

He is a green card holder but is looking into processing his citizenship too. 

We have made an appointment with the USCIS to get more information about this? Is that I good idea? Or will it have a negative effect on our processing as I have only been here in the US for a few days? 

 

Thank you for you help

Meishamoo

Edited by Meishamoo

Share this post


Link to post
Share on other sites
3 minutes ago, Meishamoo said:

Hi so my husband and I got married in my country only a few days ago in Scotland. 

I have flown over to him in the US now on holiday to spend more time with him. We are trying decide if we should change my status while I am here on the 90 day ESTA visa? 

He is a green card holder but is looking into processing his citizenship too. 

We have made an appointment with the USCIS to get more information about this? Is that I good idea? Or will it have a negative effect on our processing as I have only been here in the US for a few days? 

 

Thank you for you help

Meishamoo

Since he is NOT a USC then you can NOT stay and adjust status at all. Also coming here already married then trying to adjust status is clearly visa fraud and different than coming here single then getting married here. 

Share this post


Link to post
Share on other sites
16 minutes ago, Meishamoo said:

Hi so my husband and I got married in my country only a few days ago in Scotland. 

I have flown over to him in the US now on holiday to spend more time with him. We are trying decide if we should change my status while I am here on the 90 day ESTA visa? 

He is a green card holder but is looking into processing his citizenship too. 

We have made an appointment with the USCIS to get more information about this? Is that I good idea? Or will it have a negative effect on our processing as I have only been here in the US for a few days? 

 

Thank you for you help

Meishamoo

USCIS processes the petitions.  They don't give out advice.  Giving legal advice is against the rules for them.  If you want advice, you need to hire a lawyer.

 

You can not change your status with a green card holder husband.  It takes 2 years for the spouse of a green card to be eligible to get a green card.  You would need to maintain status for the entire time which you can not do on the VWP.

 

You will need to go home and wait.

 

Try to change status and you can kiss the VWP goodbye.   Have your husband file the I-130, you go home and wait 2 years, and use the VWP to visit.

Share this post


Link to post
Share on other sites

Not sure if she will be able to travel after back here after the I130 will be approved! 


 I130 approved 10/18/2016 - PD 07/11/2016

My AOS timeline: I-765, I-131, I-485

 

10/12/17:Package sent

10/17/17: Package received

10/24/17: NOA received. Priority date: 10/23/17

10/30/17: Biometric appointment notice

11/13/17: Biometric appointment done

 

Share this post


Link to post
Share on other sites
Posted (edited)
2 hours ago, Meishamoo said:

Hi so my husband and I got married in my country only a few days ago in Scotland. 

I have flown over to him in the US now on holiday to spend more time with him. We are trying decide if we should change my status while I am here on the 90 day ESTA visa? 

He is a green card holder but is looking into processing his citizenship too. 

We have made an appointment with the USCIS to get more information about this? Is that I good idea? Or will it have a negative effect on our processing as I have only been here in the US for a few days? 

 

Thank you for you help

Meishamoo

It's a pity you haven't put more forethought into this and are only just now starting the information gathering phase after you have married. You're in for a bumpy ride for a couple years if you haven't put thought and effort into where you will start married life living together, legally. 

 

An appointment with USCIS for this is less than useless. They are there to process applications and deal with current applicants, not a hotel concierge that can recommend what you personally should do. I suggest you spend a few minutes googling this as you would gain a wealth of information in just a few minutes, then can come back here and ask more informed questions that can guide you. Lawyers can also offer short consultations on your personal situation for free, or for a nominal fee. 

 

Moral outrage aside, you won't be able to adjust your status from inside the country while your husband is only a green card holder. Why? Because they are currently processing those types of applications that were filed in June 2016 (F2A from first chart here https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html), so when your date becomes current roughly 2 years from now, you will have long overstayed and overstay is not forgiven for spouses of a permanent resident. 

 

If your husband was a US citizen, or you were to wait until he was, (which is an illegal overstay of course, and comes with all the potential consequences of that), then you would be able to adjust status without leaving the country, since there is no waiting time period for that (your priority date would always be current, in immigration parlance), and your overstay and any unauthorized employment you engaged in would be forgiven. 

 

Of course, the naturalization process is taking a very long time so you need to add roughly a year to a year and half from when he is allowed to apply for citizenship to estimate that time when he can petition you as a US citizen. Nothing here is meant to condone or encourage overstaying your lawful presence from your I-94. 

 

Conclusion: become more informed on this topic, and then have him file an I-130 on your behalf. Do not violate any laws, immigration or otherwise, in the meantime. If/when he becomes US citizen, that could help speed things up, but CR1s are also taking close to a year now.

 

Good luck on your tough situation. It is by no means unique, but it is always tough when married couples have to spend so much time so far apart. 

 

Edited by Teemo

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×