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Sarah G

AOS on ESTA (already filed CR1)

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Hey all

 

Before anyone blows up at me, I'm asking this because I genuinely don't know. Not because I'm trying to be a bad person or circumvent the system or jump the line etc etc etc. 

 

So. In January this year my husband (USC) filed the I-130. It is in Nebraska. We probably won't get it approved before December... If we are lucky. 

 

I am now in the US, I've been here a week. I entered on an ESTA and currently the plan is that I will return to the UK in July, within the 90 day limit. 

 

My husband is very keen for me to stay and wants to explore the option of adjusting status so that I don't have to leave in July. Today he contacted an immigration lawyer and set up an appointment for Monday of next week. 

 

Obviously, I would love to stay with my husband but there are lots of things to consider before deciding whether or not to file for AOS from ESTA. I see pros and cons to both options and actually right now I'm leaning towards continuing with the CR1 process and waiting it out. 

 

What I want to know is, if we were to file the AOS, what would happen if it was denied? I believe I would need to wait for 90 days from entry to file in any case as filing before 90 days is presumed visa fraud. So automatically I'm going to be an overstay. If it gets denied, am I looking at a bar on entry after I leave? How long does EAD and AP take to arrive while the petition is pending? How long does AOS even take?? Do we really need a lawyer for this? 

 

I have searched around a bit on here but I think I must be using the search function incorrectly as I always get 'no results'. 

 

I know a lot about CR1 but am absolutely clueless on this AOS stuff as we were never planning on doing it. Advice gratefully received. 

 

Thank you. 

 

 

 

 

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Posted (edited)
10 minutes ago, Sarah G said:

What I want to know is, if we were to file the AOS, what would happen if it was denied? Then you go back home  I believe I would need to wait for 90 days from entry to file in any case as filing before 90 days is presumed visa fraud. So automatically I'm going to be an overstay. If it gets denied, am I looking at a bar on entry after I leave? 180 continuous days but less than one year it will be a 3 year bar, if it is more than 365 continuous days it will be 10 years. How long does EAD and AP take to arrive while the petition is pending? currently ~6 months How long does AOS even take?? ~1.5 years Do we really need a lawyer for this? up to you

Answers above in bold

 

Also keep in mind you cannot travel back home or work while adjusting until you have your EAD/AP. For this reason it's better to stick with the CR1. I don't know if the I-130 can be converted or needs to be filed again. 

Edited by little immigrant

Spoiler
My timeline:
2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2014-03-05 Biometrics
2014-03-24 Approved
2014-05-05 Green card received
2015-04-23 Divorced
2015-06-17 Remarried
2016-08-02 N400 filed under 5 year rule
2016-08-12 NOA
2016-09-02 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony
Husband's timeline:
2017-07-05 Filed for AOS
2017-08-07 NOA
2017-08-23 Biometrics
2017-10-30 Received approval letters for EAD & AP
2017-11-02 Combo Card received

2018-12-13 Interview date

2019-01-02 Approved

2019-01-09 10 year Green Card received

 

 

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6 minutes ago, Sarah G said:

Hey all

 

Before anyone blows up at me, I'm asking this because I genuinely don't know. Not because I'm trying to be a bad person or circumvent the system or jump the line etc etc etc. 

 

So. In January this year my husband (USC) filed the I-130. It is in Nebraska. We probably won't get it approved before December... If we are lucky. 

 

I am now in the US, I've been here a week. I entered on an ESTA and currently the plan is that I will return to the UK in July, within the 90 day limit. 

 

My husband is very keen for me to stay and wants to explore the option of adjusting status so that I don't have to leave in July. Today he contacted an immigration lawyer and set up an appointment for Monday of next week. 

 

Obviously, I would love to stay with my husband but there are lots of things to consider before deciding whether or not to file for AOS from ESTA. I see pros and cons to both options and actually right now I'm leaning towards continuing with the CR1 process and waiting it out. 

 

What I want to know is, if we were to file the AOS, what would happen if it was denied? I believe I would need to wait for 90 days from entry to file in any case as filing before 90 days is presumed visa fraud. So automatically I'm going to be an overstay. If it gets denied, am I looking at a bar on entry after I leave? How long does EAD and AP take to arrive while the petition is pending? How long does AOS even take?? Do we really need a lawyer for this? 

 

I have searched around a bit on here but I think I must be using the search function incorrectly as I always get 'no results'. 

 

I know a lot about CR1 but am absolutely clueless on this AOS stuff as we were never planning on doing it. Advice gratefully received. 

 

Thank you. 

 

 

 

 

Intent is assessed on entry so you can adjust status if you wish 

 

biggest impact .. you can’t work,  or return to the US if you leave, until you receive Employment Authorisation Card and  Advanced Parole (travel permit ) Card  ... 5 to 6 months after submitting your  AOS... which can only take place when you are married and have all your documents in hand. If you leave without the AP you will abandon the process and start all over again 

So if that works for your situation.. go for it..   You also may not be able to drive... state by state licensing differences 

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You can file now

 

AP/EAD 4 to 6 months?

 

GC varies a year or so?

 

Why would you get denied?


“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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~~Moved to AOS from Work, STudent and Tourist Visas, from Bringing Family of USC~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

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

 

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Just now, Boiler said:

You can file now

 

AP/EAD 4 to 6 months?

 

GC varies a year or so?

 

Why would you get denied?

There is no reason that I know of that I would be denied, we have a legit marriage and all that good stuff. But I think it's good to know what the consequences are of all possibilities. Is it true that I need to wait 90 days to file, if we decide to go ahead with this? 

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1 minute ago, Sarah G said:

There is no reason that I know of that I would be denied, we have a legit marriage and all that good stuff. But I think it's good to know what the consequences are of all possibilities. Is it true that I need to wait 90 days to file, if we decide to go ahead with this? 

No need to wait.


“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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1 minute ago, Sarah G said:

There is no reason that I know of that I would be denied, we have a legit marriage and all that good stuff. But I think it's good to know what the consequences are of all possibilities. Is it true that I need to wait 90 days to file, if we decide to go ahead with this? 

No, you don’t. 

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Posted (edited)

Hey!

 

I think you will have far more advantages of pursuing the CR-1 route you've already chosen vs AOS from ESTA and will be extremely grateful once you get the CR-1 visa in your passport.

 

I came on a K1 and it's been a real struggle waiting for the EAD/AP and long wait still to go for the GC-but that's the informed choice we made as a couple. Processing times have increased recently to 5-7 months for EAD/AP and some are not even lucky to get it within that time despite putting in 1-2 service requests already for being out of normal processing times; 7 months+ 

 

I wish you every success and hope that with whatever decision you make that you let your head rule over your heart with comparing the two :) 

Edited by jakejon

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14 hours ago, Boiler said:

You can file now

 

AP/EAD 4 to 6 months?

 

GC varies a year or so?

 

Why would you get denied?

just pay attention when you will have the interview for AOS. to apply for an I-485 starting from and ESTA (that is only the fast version of a B1/B2 Visa) is possible but only if you are able to proof that your first intention when you entered in US was to come back to your country. if, for any reasons, the IO will understand that you moved in US with the intention to STAY and Apply as Permanent Resident,  your case will be classified as FRAUD. as consequence, you could have a life ban and your petitioner could have consequences too.

 

i believe that you marriage is absolutely a bona fide marriage , so be ready to bring with you all the proof about your intention to travel back at the end of your 90 days. 

last but not lease, to hire a lawyer it's a decision that is up to you.  In my case, we hired the lawyer. the result has been NO RFE (so, no delays) and the right advices to prepare the interview in the less stressful way. 

 

good luck

 

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Posted (edited)
44 minutes ago, Mistermanga said:

just pay attention when you will have the interview for AOS. to apply for an I-485 starting from and ESTA (that is only the fast version of a B1/B2 Visa) is possible but only if you are able to proof that your first intention when you entered in US was to come back to your country. if, for any reasons, the IO will understand that you moved in US with the intention to STAY and Apply as Permanent Resident,  your case will be classified as FRAUD. as consequence, you could have a life ban and your petitioner could have consequences too.

 

i believe that you marriage is absolutely a bona fide marriage , so be ready to bring with you all the proof about your intention to travel back at the end of your 90 days. 

last but not lease, to hire a lawyer it's a decision that is up to you.  In my case, we hired the lawyer. the result has been NO RFE (so, no delays) and the right advices to prepare the interview in the less stressful way. 

 

good luck

 

 

16 minutes ago, Mistermanga said:

it's not my intention. why you said misleading info?


Incorrect. Intent is determined at the border, if the intent is found to come in and stay in the US and AOS, you get turned around and not allowed in. Being allowed in means that it was found her intent was to come in and visit, anything that happens while visiting has nothing to do with her initial intent at the border crossing.

From what I've seen, there's never been an AOS case based on marriage that was denied on intent.

 

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC  - Done in 326 days

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/08/19 - GC marked as delivered but was delivered to someone else’s mailbox!

05/09/19 - USPS found and redelivered green card! In hand now!

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