Getting Married in California

[Stiofan 0]

Hey guys, I'm an Irish/British national. I'm engaged to a girl from California and we have been back and forward for 6 months at a time over the last couple of years before finally deciding to marry here.

If we get married while I am on a 90 day esta, how long will it take to change my status and will I probably have to return home before that happens?

Thanks

Stiofán

[David & Diana R 1,005]

Not sure with ESTA but I wish you both the best of luck. God Bless

[JayJayH 546]

Expect about 6 - 12 months from date of filing until AOS is approved. DO NOT leave the US at any time between filing and until you receive your green card. If you leave, your AOS application will be considered abandoned, and you'll have to start from scratch with an I-130 petition while you wait it out in the UK/Ireland.

If you have to leave the US, you can file an application for advance parole, I-131 (re-entry permit) along with your I-130/I-1485 package. When approved, you can use this to re-enter the US while your AOS is pending. Along with the I-130/I-485 package you may also file an I-765 for employment authorization while the AOS is pending.

[Stiofan 0]

Expect about 6 - 12 months from date of filing until AOS is approved. DO NOT leave the US at any time between filing and until you receive your green card. If you leave, your AOS application will be considered abandoned, and you'll have to start from scratch with an I-130 petition while you wait it out in the UK/Ireland.

If you have to leave the US, you can file an application for advance parole, I-131 (re-entry permit) along with your I-130/I-1485 package. When approved, you can use this to re-enter the US while your AOS is pending. Along with the I-130/I-485 package you may also file an I-765 for employment authorization while the AOS is pending.

Thanks guys,

So after we get married I will also be able to apply for employment while the Green Card is pending? I have money saved and a degree from University but think that I will need to work to be able to wait for the 6-12 months before it's approved.

All help and best wishes are greatly appreciated!

[JayJayH 546]

So after we get married I will also be able to apply for employment while the Green Card is pending?

If you file for it, yes.

The form is called I-765 and can be filed concurrently as part of the I-130 / I-485 package. Expect up to 90 days from filing until your employment authorization document (EAD card) arrives in your mailbox. You cannot work until you have the EAD card. It is valid until the outcome of your AOS is determined.

Edited November 21, 2013 by Yang-Ja

[Stiofan 0]

This has been more than helpful, thank you!

If I file for AOS and I am currently awaiting reply, does the time limit on the esta become irrelevant? I am willing to stay here until the Green Card is approved but don't want to be considered to be here illegally!

Thanks again

[JayJayH 546]

This has been more than helpful, thank you!

If I file for AOS and I am currently awaiting reply, does the time limit on the esta become irrelevant? I am willing to stay here until the Green Card is approved but don't want to be considered to be here illegally!

Thanks again

If you file before the 90 days have passed, you are in the country lawfully until a determination has been made on your AOS.

Keep in mind that ESTA is not a visa - but an electronic authorization to travel without a visa. There is one major difference between adjusting status from a visa, and adjusting from no visa - You have no right to appeal any decision made by the USCIS. If your marriage is bona fide, no criminal history and you can show this with reasonable evidence, this should not be a problem.

Edited November 21, 2013 by Yang-Ja

[Stiofan 0]

Thank you, you have been most helpful and I will follow your advice!

[NikLR 13,227]

uhm... you're intending on travelling to the USA to get married and move there? Or are you currently in California?

Edited November 21, 2013 by NLR

[JayJayH 546]

Thank you, you have been most helpful and I will follow your advice!

uhm... you're intending on travelling to the USA to get married and move there? Or are you currently in California?

NLR makes a good point and I should have specified this.

I was under the understanding that you are currently in the US. If you are currently not in the US, you're going to run into a catch 22 - It is legal to adjust status from tourist to permanent resident, but it is not legal to enter the US with intention to adjust status. Make sense?

In order to enter the US on ESTA, your intent must be to visit, and return within 90 days. If that is not what you intend to do, you cannot enter the US as a tourist. In other words, when the CBP asks you at the airport "What is your purpose for entering the US?" and you answer "To adjust status to permanent resident" you are by default ineligible to enter, and you will be returned back to the UK/Ireland. The CBP will tell you to apply for a K-1 visa - The only visa which explicitly allows you to enter the US with intent to get married and then adjust status.

Let's picture a different scenario.

You enter the US with intent to adjust status, but when the CBP asks "What is the purpose of your visit to the US?" you say "Just visiting." Most likely, the CBP will stamp your passport allowing you to visit the US for up to 90 days. The problem is, you just lied to a federal immigration officer - willful material misrepresentation - a crime which, if caught, can result in deportation and a lifetime bar from entry.

Let's picture a third scenario.

Jane Doe enters the US on the VWP/ESTA to visit her boyfriend John Doe for 2 weeks. The CBP asks "What is the purpose of your visit to the US?" and Jane Doe answers honestly "Just visiting." The CBP admits her, and she is greeted by John Doe in baggage claim. The next day, John Doe proposes to Jane Doe, and they decide to get married on this trip, and file for adjustment of status.

Jane Doe was honest when she told the CBP that she was just visiting, but she decided after entry that instead of returning, she would file for adjustment of status. Nowhere did she lie, and no crime has been committed.

So to specify:

- If you are currently in the US, you can go ahead and file for AOS after you get married.

- If you are currently not in the US, and you want to get married and file for AOS, you should go for the K-1 rather than ESTA.

Edited November 21, 2013 by Yang-Ja

[Stiofan 0]

Thanks again guys, I am currently in the US. Lynn spent the last 6 months in Ireland and came back a month ago. So I just came to visit for 2 weeks, bought a return ticket and had just got a new job to go back to at the end of the 2 weeks. After arriving here we talked and decided that we were keen to move everything forward and get married now.

I had every intention to go home and go down the K-1 route but things have changed. I've lost an expensive flight and a good job but we think it's the right decision for us.

Thank you so much for taking the time to explain everything, this web page is so helpful and that's because of people like you!

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[JayJayH 546]

Thanks again guys, I am currently in the US. Lynn spent the last 6 months in Ireland and came back a month ago. So I just came to visit for 2 weeks, bought a return ticket and had just got a new job to go back to at the end of the 2 weeks. After arriving here we talked and decided that we were keen to move everything forward and get married now.

I had every intention to go home and go down the K-1 route but things have changed. I've lost an expensive flight and a good job but we think it's the right decision for us.

Thank you so much for taking the time to explain everything, this web page is so helpful and that's because of people like you!

Ok, yea then you're fine.

Make sure you follow the guides on how to adjust from tourist. read it three times. Good luck.

[hmh33 117]

Wow Yang-Ja, that's the most clear expression of the AoS/visitor visa/intent issue that I've ever seen. Nicely done, that should be made a 'sticky'.

[nitrous_guy 23]

Wow Yang-Ja, that's the most clear expression of the AoS/visitor visa/intent issue that I've ever seen. Nicely done, that should be made a 'sticky'.

+10000000