Adjustment of Status with Esta

[Kimdung92 1]

Hello Community,

 

i got married last monday and we would like to file the AoS now.

We are just a little bit helpless with all the step.

I tried to find the step by step process but i could only find the one with the k1 visa.

I travelled in with Esta. Can you maybe tag me the link?

We are living at his mom's House for now and he cant sponsor me, so does he definitely needs to file I864? His dad can cosponsor us, so maybe his dad needs to file i864?

And if yes, what Else do we Need to send in from his dad? Tax return,w2?

thank you so much in advance!!!!!

 

kim

[Crazy Cat 39,713]

Use this guide:  http://www.visajourney.com/content/i130guide2

[Crazy Cat 39,713]

8 minutes ago, Kimdung92 said:

We are living at his mom's House for now and he cant sponsor me, so does he definitely needs to file I864?

Your husband is the primary sponsor.  He must complete an I-864.

[Kimdung92 1]

Thank you so much missileman for your quick response.

but do my co sponsor (his dad ) needs  to file something?

[Crazy Cat 39,713]

Just now, Kimdung92 said:

Thank you so much missileman for your quick response.

but do my co sponsor (his dad ) needs  to file something?

Yes, co-sponsors must also file financial responsibility paperwork. I am not an expert on co-sponsors, so I defer to others for their expert advice on this subject.

[geowrian 22,336]

The petitioner must file an I-864 and provide the most recent tax return (and have filed st least the last 3 years of tax returns).

 

A joint sponsor must do the same (including evidence of their income/assets used, such as pay stubs or an employment letter). If the joint sponsor files jointly with a spouse, then the spouse should file an I-864A and provide documentation as well.

[Kimdung92 1]

Thank you missileman and geowrian.

 

My husband can only show one year of tax return, because he didnt work before that. Is that ok too?

So his dad needs to file I864 too, is That correct? His dad earns for a 4 person household. I already looked Up the poverty line...

 

so in all i Need two i864, one from my husband and one from his dad, correct?

 

thank you!!

[Kimdung92 1]

Also how far back do we Need w2? So tax return 3 years and w2?

[little immigrant 800]

My (now ex) husband couldn't show any tax return so he included a letter as to why he didn't have one. He didn't have a job and we used his uncle as a co-sponsor. 

[Kimdung92 1]

Thank you so much little immigrant!

What papers did. the uncle had to provide? Tax returns? How many years?

and can my husband send in tax transcript? Thank youu 

[Daisy.Chain 317]

You are not limited to adjusting status from ESTA. You could also return to Germany, file for a CR-1, and wrap up your affairs there. The nice thing about the CR-1 is that when you arrive back in to the US, you could work right away. 

[little immigrant 800]

9 minutes ago, Daisy.Chain said:

You are not limited to adjusting status from ESTA. You could also return to Germany, file for a CR-1, and wrap up your affairs there. The nice thing about the CR-1 is that when you arrive back in to the US, you could work right away. 

Why be separated again for a year or more when they are now together? 

[Crazy Cat 39,713]

4 minutes ago, little immigrant said:

Why be separated again for a year or more when they are now together? 

It is a good question........but since people who adjust status from ESTA never planned to do so when they arrived in the US, there might be some situations  which require them to return to their country before receiving AP...suddenly deciding to stay in the US after planning to be here for just a short time is a huge decision....  I'm not making any statement or judgement about the OP's case.  I'm just stating that there could be cases which might require travel back to a home country earlier than expected.

Every case is different.

 

 

[Kimdung92 1]

I would like to stay here with him. I m gonna ask for the ead an ap and then travel back in october because i have to work again, wanna visit my family and wrap up things there...

[Becci391 339]

35 minutes ago, Kimdung92 said:

I would like to stay here with him. I m gonna ask for the ead an ap and then travel back in october because i have to work again, wanna visit my family and wrap up things there...

The legal way would be to apply for CR1 and go back to Germany and wait there.

You wouldn't be the first person to do so.

 

If you entered the US on ESTA knowing you would stay and apply for AOS that's considered ILLEGAL!