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Hi, I’m a South Korean who has been in the states on ESTA for less than a month now.

I was planning to go back to Korea after my visit but after i proposed to my girlfriend who’s an American citizen, now she wants to get married and me to stay here. I’ve seen a lot of posts about adjustment of status for ESTA/VWP entrants but still am unsure if it’s possible. And if it is, I’d like to know when the most ideal timing is to apply for it. My fiancée is 20 years old and i am 19. 

I got to know that there’s a thing called minimum income requirements for my fiancée to ‘sponsor’ me but her income isn’t enough to meet those requirements. My question is, will the price of a house that her mom owns be admitted as assets to meet the requirement as long as there’s no loan on the house and the price is accredited? & if not, a joint sponsor who’s not a family member of my fiancée could sponsor me instead of her if we can find one?

Thanks so much in advance, have a good night

Edited by Salomon421

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I have heard that this is possible but it is best to wait some time before you get married. If you were to get married too quickly, when applying for adjustment of status, it might appear that you were fraudulent when you came into the country. Since you did in fact change your mind about potentially staying it wouldn't be fraudulent but I have heard that it is best to wait. You probably should consult an attorney. 

 

I am not sure about the income requirements but I do have a friend that sponsored her future sister in law without any problems.

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Perfectly okay to marry and adjust status.  You do not have to "wait some time."  That's a myth.

 

Using her mom's assets would mean her mom would be a Joint Sponsor.  If it's her primary home, then she can not count it for the I-864.

 

Anyone who is a USC or LPR, is over age 18, and living in the US can be the JS.

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4 hours ago, thatguyuknow said:

Good then. So just completely ignore: 

 

Ths USCIS POLICY MANUAL: Chapter 3, A, 3 and the FAM 302.9-4(B)(3): g, (2) (a)

 

thats good old to know :) thanks 

Google Matter of Battista and Matter of Cavazos.  

 

Plenty of people have married within 90 days and successfully adjusted status. 

Edited by aaron2020

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2 hours ago, aaron2020 said:

Google Matter of Battista and Matter of Cavazos.  

I'm already aware of both and yes it does show that the preconceived intent is zeroed out by virtue of the relationship with the immediate relative relationship itself.

 

But it's still in both manuals? The 30/60/90 was updated to align with the DOS manual in only 2017?

 

You can't deny that it's not there and shouldn't have have to be considered.

 

USCIS could still hall your ### in front of a judge while you're waving both of your hearings at them.

 

Edited by thatguyuknow

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You are conflating DOS and USCIS.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Not aware of anybody having issues adjusting from a NIV due to this, well for a very long time, things were different 10 plus years ago.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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On 1/18/2019 at 11:20 PM, RichMichelle said:

I have heard that this is possible but it is best to wait some time before you get married. If you were to get married too quickly, when applying for adjustment of status, it might appear that you were fraudulent when you came into the country. Since you did in fact change your mind about potentially staying it wouldn't be fraudulent but I have heard that it is best to wait. You probably should consult an attorney. 

 

I am not sure about the income requirements but I do have a friend that sponsored her future sister in law without any problems.

Thank you very much for your answer, I’ve made an appointment with a lawyer :)

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On 1/18/2019 at 11:48 PM, aaron2020 said:

Perfectly okay to marry and adjust status.  You do not have to "wait some time."  That's a myth.

 

Using her mom's assets would mean her mom would be a Joint Sponsor.  If it's her primary home, then she can not count it for the I-864.

 

Anyone who is a USC or LPR, is over age 18, and living in the US can be the JS.

I appreciate your answer! I’ll go for what we we’re planning on :)

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