Marriage on ESTA?

[Irish87 0]

Hi all.

I'll try to keep my story short and to the point...

I came here this summer to visit my girlfriend to help her and her family move home. We had previously looked into getting the K-1 (fiancé) visa, but that came to a halt since her dad, who was going to sign an "affidavit of support" (or something to that effect), ended up between jobs.

He got a job just fine and after 2 months of him making a paycheck, he would have been able to sign it, allowing us to progress with the K-1 application.

Here's my problem: Due to the new job, the family is moving from one coast to another. Just before we reached the 2-month (of him working long enough to sign) point, they invited me to visit so I could help them prepare the house they want to sell.

So here I am, 2 months later, 2/3 into the visa waiver program, not finished helping them yet, and madly in love with my girlfriend of 3 years who I am ready to marry immediately. We're looking for a way to LEGALLY find ways for me to stay and not have to go back to Ireland.

We did NOT send in the affidavit of support back when we were able to since I was visiting here on ESTA, therefore the K-1 application was all but dead.

I've read that they frown upon marriage while using the waiver program, and I've also read that they tend to "let you away with it" if you can prove that the marriage was "spur of the moment", rather than planned.

While I can be 100% sure that my only intention this trip was to help them move on this visit and to spend time with my girlfriend and her family, I totally understand that I will struggle to prove this, since they'll (I assume) just look at the K-1 application and assume I'm trying to hasten the process or lie my way in. The original K-1 application was sent about 6-7 months ago by my girlfriend, and no response has come our way.

I have a flight booked home for Sept 2nd, a day or two before the 90days run out. I'm hoping this goes some way to being "proof" that my original intent was simply to visit.

In short: What would be the likely result if she and I got married tomorrow, and I then informed immigration that I had married a US citizen and wanted to stay?

I don't want to ruin my chances of being able to live and work here permanently, so I don't want to do anything rash. But I honestly will do anything above-board that will enable us to be married, allow me to stay here, and just as importantly, allow me to work and make a living ASAP.

Thanks in advance for all advice.

PS: It should be noted that we have all sorts of proof of our relationship, from photos, to emailed receipts from airline and holiday companies, documenting us being together. This is my 3rd visit in 3 years. She visited me twice.

My wife-to-be and her entire family are US Citizens, born and bred.

Edited July 31, 2012 by Irish87

[Xanax 349]

You can marry and file for adjustment of status. The most likely result is approval but there is no gaurantee at all.

In total it's around $1500+ medical and you will still need to meet the income requirements.

There is no gaurantee you will be approved and I believe there is no appealing from a vwp adjustment (could be wrong here).

Edit: if you are denied you can return to Ireland and file CR-1 and that's fine.

Edited July 31, 2012 by Xanax

[Irish87 0]

You can marry and file for adjustment of status.

There is no gaurantee you will be approved and I believe there is no appealing from a vwp adjustment (could be wrong here).

Thanks for that, but could being rejected have an influence on any future applications I make when I return home? I ask because as soon as I do return home, should I have to, my only intention will be to get back here ASAP. I really don't want to mess anything up since pretty much our entire life plans bank on me living here.

--

Oh, just saw your edit. As for the point about "income requirements", I am an ex-college student without a job in Ireland, but will have an "affidavit of support" from her father. Would that suffice?

Edited July 31, 2012 by Irish87

[Xanax 349]

Yes the affidavit is what you need, he needs to show he can support the whole family 125% of the poverty guidelines.

If your AOS is denied it wont affect your CR-1 application apart from you wasting nearly $2,000.

Edited July 31, 2012 by Xanax

[Moomin 292]

If AOS is denied(aos from tourist visa), then you can't use VWP again and you can't appeal the decision because you sign away that right when entering on VWP. You'll have an overstay from the time your lawful stay is up until leaving, most likely resulting in a ban and in which case you'll need a waiver when filing a new petition and having the interview in home country.

It's good to know what your alternatives are however a few things to point out;

You don't have to prove that you didn't enter with the intent of immigrating. They already determined that by letting you enter. What is the dealbreaker is if you lied to a CBP officer and they took notes of it. At any point of time, you may be questioned about that, and if on file, USCIS has access to it. That means saying you're visiting your aunt when you've had a relationship with your wife/gf for 3 years is misrepresenting yourself. But again, by being let into the US, they already believed that you didn't have immigrant intent.

But nothing is stopping you and you can try to submit AOS after marriage. Just remember to please please please read the guides and especially the instructions for i-130 and i-485. When having an interview in the US(AOS interview), the overstay is automatically forgiven as you are the spouse of a USC.

[Harpa Timsah 13,258]

Read the guide up top for spouse inside the US. You did not have intent to immigrate when you came, so you can go ahead with the Adjustment of status. Note you will also need an affidavit from your future wife, even if it says zero income. The Father in law is the co-sponsor. Good luck.

Edit for above: Once the AOS is submitted for initial review, the immigrant begins a NEW period of authorized stay. If it was denied for some reason, the pending time would not turn into overstay. In other words, no ban would be incurred.

OP: It is true that there is no appeal from AOS from VWP, but if you relationship is real, and you are not otherwise inadmissible (have a criminal record) then there is little to worry about.

Edited July 31, 2012 by Harpa Timsah

[NigeriaorBust 4,087]

If you filed the K1 ( did you? I am confused) and let it die you may have extra trouble proving you weren't intent on immigrating

[Irish87 0]

Many thanks to everyone helping me. Let me try address some of the points brought up...

When I was questioned in Dublin Airport at immigration, I told them exactly what I was doing: Visiting my girlfriend and her family. Whether or not I mentioned helping them move home, I can't remember, but I definitely did not lie to him. I am 100% certain that any notes he took, if any, could not work against me. (Side note: He was incredibly polite, complimented the suit I was wearing, and joked about me impressing her parents - I have no fears of him taking any notes that may work against me).

I have no criminal record at all, never had any weird diseases, and honestly can't think of anything in my past that they would frown upon. I've had a pretty crappy time since college and have been living with parents due to not finding a job (which was my main concern when looking into applying), but the affidavits should definitely cover me there. My wife-to-be works a standard job, while her father makes an above-average healthy salary.

And as I said above, our relationship is very real, and we have all sorts of photos/emails/receipts to prove the last 3 years of visiting each other.

I guess I'm off to get married first! Just to be on the safe side, I'll report back with details of every form we've filled out before sending.

Again, many thanks to all who have advised.

[Harpa Timsah 13,258]

Have fun getting married!

[SOflaherty 40]

Sounds like you should be just fine, just be sure to follow the guides to the letter. My husband is from Ireland and just finished adjusting after a 2 year overstay, no problems

[Guinness 3]

No expert on this, but think you should realize once you go down that road, you cant leave the USA until AOS is over. they may not let you back in if you do

[Irish87 0]

Sounds like you should be just fine, just be sure to follow the guides to the letter. My husband is from Ireland and just finished adjusting after a 2 year overstay, no problems

Was he on ESTA when he did his overstay? I keep seeing lots of positive stories from people overstaying, but none yet from anyone who was on ESTA at the time.

Also, another thing that has been bothering me: During those 2 years, could he work? If I'm facing 2 years without being able to make an income here, I may have to reconsider my options. I've no problem with not being able to leave the country, but up to 2 years here without an income seems pretty daunting.

Also thanks again to all who have commented.

[ValerieA 350]

Doesn't ESTA = VWP? There's lots of stories on here where a VWP overstayer successfully adjusted.

[DandT14 272]

Was he on ESTA when he did his overstay? I keep seeing lots of positive stories from people overstaying, but none yet from anyone who was on ESTA at the time.

Also, another thing that has been bothering me: During those 2 years, could he work? If I'm facing 2 years without being able to make an income here, I may have to reconsider my options. I've no problem with not being able to leave the country, but up to 2 years here without an income seems pretty daunting.

Also thanks again to all who have commented.

I think you might be confused. You won't be overstaying by 2 years if you file for AOS now. You'll file, and within a couple months you should get your EAD (assuming you file for it) and that will authorize you to work while the AOS is pending.

Congratulations on your upcoming marriage!

Edited August 3, 2012 by DandT14

[Irish87 0]

I think you might be confused. You won't be overstaying by 2 years if you file for AOS now. You'll file, and within a couple months you should get your EAD (assuming you file for it) and that will authorize you to work while the AOS is pending.

Congratulations on your upcoming marriage!

Doesn't ESTA = VWP? There's lots of stories on here where a VWP overstayer successfully adjusted.

Ah, brilliant! Both of these take a huge weight of worry off me. Been a super-stressful couple of days thinking about it. Love this site!