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bagheera

Married to a permanent resident while I am in ESTA tourist visa

By bagheera in Bringing Family Members of Permanent Residents to America

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bagheera Newbie

bagheera   0

Posted
Timeline
Posted

Hi, I have a question regarding the timing of filling I-130.

My husband and I recently got married in USA. He is a permanent resident of USA but I was always on tourist visa(ESTA, VWP) while we continued our relationship for the past 3 years. 

We were engaged for 6months or so and recently got married while I am in USA on ESTA/VWP.  Now he would like to file I-130 to petition me but our question is, can we file I-130 while I am in USA as ESTA/VWP?

I have no intention to break the law and intending to go back to my home county before my visa expires but if we file I-130 while I am in ESTA/VWP flag up the potential of breaking the law of intention of the current visit? (ESTA/VWP is for tourism and light business, right?) We do not have no evidence to show that I was only here to visit him then we suddenly decided to get married.

Or is it better for my husband(permanent resident) to file I-130 after I leave USA? Does this make any difference?

 

 

 

geowrian Grand Master

geowrian   22,337

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

Congrats!

 

Yes, he can send the I-130 while you are in the US. The only potential issue is sometimes (pretty rarely) USCIS misreads the I-130 regarding if the beneficiary is in the US at the time of filing and thinks it's an AOS case, so they don't send it to NVC. I wouldn't say to let that deter you..just pointing out that it happens sometimes. Just be sure to 1) make sure you do not fill in the section about doing Adjustment of Status, and 2) make a full copy of the packet (as you should do anyway).

 

There's no issue with marrying your fiance while you visit. You just aren't allowed to enter with intent to stay. And since he is an LPR, you have to leave before your 90 days are up...overstay is not ignored in your case.

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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