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EmilyJD

ETSA class of admission/ Time limit?

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1)If i entered on a ETSA what is my class of admission?

I entered 2 months ago and we just got married, so we are filling in forms, My ETSA visa will expire in a month.

2) when does the process start which allows me to stay over the 90 day period?

or do i have to go home and then submit another set of new forms because we didn't get these ones done fully/ hear back in time?

 

Thank you.

 

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2 hours ago, EmilyJD said:

1)If i entered on a ETSA what is my class of admission?

I entered 2 months ago and we just got married, so we are filling in forms, My ETSA visa will expire in a month.

2) when does the process start which allows me to stay over the 90 day period?

or do i have to go home and then submit another set of new forms because we didn't get these ones done fully/ hear back in time?

 

Thank you.

 

ESTA is not a visa. It is a preclearance for traveling visa free from a visa waiver program country (VWP) such as the UK. You were admitted as a tourist for 90 days and will be in violation of your VWP admission if you overstay. You will be rejected by ESTA if you overstay and will not be allowed to travel visa-free in the future.should you wish to.

 

And you need to know that your plan is not the established path to immigration but is allowed currently in some instances when you marry a US citizen. If it all goes south, you will have no appeal because you entered as a tourist instead of an immigrant visa. It's a bit shaky so be very careful with your paperwork. 

 

1)

Your category on page 3 of the I-485. (Not sure which form you are asking about.

1.a.Family-based

Immediate relative of a U.S. citizen, Form I-130 

That is because you are submitting an I-130 petition along with your I-485. The I-130 has to get reviewed before they review your I-485. But do send them together in the same mailing.

 

2)

When you get your entire application submitted, you will get a receipt showing you applications were accepted. That puts you in a period of authorized stay in the US until a decision is made. You really need that in hand before your 90 days as a tourist ends just to feel safer about it. It won't come immediately and your entire application can be sent back to you if you don't get it right and include the require parts, the exact amount of money with the check made out to the proper name. Understand that what you are proposing is allowed but it not for the uninformed person guessing at answers and organization. You better study those written instructions very carefully.

 

Understand also that you are submitting four applications and each have detailed instructions and documentation that go with them. Then all four are mailed together. (Concurrent Filing is the buzzword for this). Parts are

  1. I-130 Petition. Includes another form.
  2. I-485 for your greencard. Includes other forms.
  3. I-765 for work authorization until you get a greencard
  4. I-131 for travel outside the US until you get a greencard. It allows you back in. Your ESTA days are over when you start this route to stay in the US and go past your 90 day tourist visit. It you leave before getting your travel/work card, your greencard application is considered abandoned and it's over. 

 

ALSO, you are in the wrong forum because you are not getting a visa. Your forum is here https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

Edited by Wuozopo

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~~Moved to AOS from Work, Student and Tourist Visa, form Bringing Family of USC~~


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Oath 09/19/2014 We are all done! All USC no more USCIS

 

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1 hour ago, Wuozopo said:

ESTA is not a visa. It is a preclearance for traveling visa free from a visa waiver program country (VWP) such as the UK. You were admitted as a tourist for 90 days and will be in violation of your VWP admission if you overstay. You will be rejected by ESTA if you overstay and will not be allowed to travel visa-free in the future.should you wish to.

 

And you need to know that your plan is not the established path to immigration but is allowed currently in some instances when you marry a US citizen. If it all goes south, you will have no appeal because you entered as a tourist instead of an immigrant visa. It's a bit shaky so be very careful with your paperwork. 

 

1)

Your category on page 3 of the I-485. (Not sure which form you are asking about.

1.a.Family-based

Immediate relative of a U.S. citizen, Form I-130 

That is because you are submitting an I-130 petition along with your I-485. The I-130 has to get reviewed before they review your I-485. But do send them together in the same mailing.

 

2)

When you get your entire application submitted, you will get a receipt showing you applications were accepted. That puts you in a period of authorized stay in the US until a decision is made. You really need that in hand before your 90 days as a tourist ends just to feel safer about it. It won't come immediately and your entire application can be sent back to you if you don't get it right and include the require parts, the exact amount of money with the check made out to the proper name. Understand that what you are proposing is allowed but it not for the uninformed person guessing at answers and organization. You better study those written instructions very carefully.

 

Understand also that you are submitting four applications and each have detailed instructions and documentation that go with them. Then all four are mailed together. (Concurrent Filing is the buzzword for this). Parts are

  1. I-130 Petition. Includes another form.
  2. I-485 for your greencard. Includes other forms.
  3. I-765 for work authorization until you get a greencard
  4. I-131 for travel outside the US until you get a greencard. It allows you back in. Your ESTA days are over when you start this route to stay in the US and go past your 90 day tourist visit. It you leave before getting your travel/work card, your greencard application is considered abandoned and it's over. 

 

ALSO, you are in the wrong forum because you are not getting a visa. Your forum is here https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

Excellent response.

OP, it’s very important to reiterate that it may be a good few months before you can either work or travel outside the US if you follow this approach. 

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