Married with an ESTA (tourist) visa

[Mrs Thor 16]

This is the cover letter of our application. Hope this could help as your guide and checklist when you submit yours. Go to the USCIS website to get their forms and read their instruction booklet. Try watching videos in YouTube like Immigration Guru to help you assemble your packet. 

[Lil bear 3,831]

Remember that each persons situation is different and that the supporting documentation for one is not necessarily the same for someone else. 

Read carefully through each forms “ supporting documentation needed” and determine what you need 

 

Cover  letters are not required but all applicable supporting documentation is required 

Edited August 21, 2019 by Lil bear

[geowrian 22,335]

A few notes...

1. ESTA is a travel authorization only.
2. You would have entered via the Visa Waiver Program (VWP). As such, there is no visa involved.
3. Please try to file before your 90 day stay expires. Even one day of overstay makes you permanently ineligible to use the VWP ever again (may not be an issue since you are intending to get a green card instead...but worth pointing out IMO).
4. Read the guides on this website.
5. Read all instructions for each form.
6. Ask questions as needed.

[Linda91 3]

1 hour ago, Mrs Thor said:

This is the cover letter of our application. Hope this could help as your guide and checklist when you submit yours. Go to the USCIS website to get their forms and read their instruction booklet. Try watching videos in YouTube like Immigration Guru to help you assemble your packet. 

Thank you a lot for your time and all the information! 

[Linda91 3]

1 hour ago, Lil bear said:

Remember that each persons situation is different and that the supporting documentation for one is not necessarily the same for someone else. 

Read carefully through each forms “ supporting documentation needed” and determine what you need 

 

Cover  letters are not required but all applicable supporting documentation is required 

Yes we have reached to an authority throught phone call and we got all the forms that's needed! It's a stress reliver to get some feedback and some general information about the process, so it was helpful reaching out here. Authority said it's not a problem as long as we're determined to go on with the paperwork. 

[Lil bear 3,831]

12 minutes ago, Linda91 said:

Yes we have reached to an authority throught phone call and we got all the forms that's needed! It's a stress reliver to get some feedback and some general information about the process, so it was helpful reaching out here. Authority said it's not a problem as long as we're determined to go on with the paperwork. 

Yes correct. You haven’t done anything illegal. You entered lawfully , you have a change in your circumstances and you are looking to move forward within the lawful framework available to you. Many vjers have done the same thing. And as this is a do it yourself site , most have done it without lawyers. The key is preparation , reading the official documents, checking advice with the official source , carefully preparing the documents and supporting evidences required. You’ll find plenty of really good help here ... looking forward to hearing how your are progressing 

 

take a minute to add your timeline as that gives us all good background information so we can support you as accurately as possible. 

And  congratulations on your marriage !! 😁  . 

[lonesurvivor 48]

27 minutes ago, Linda91 said:

Yes we have reached to an authority throught phone call and we got all the forms that's needed! It's a stress reliver to get some feedback and some general information about the process, so it was helpful reaching out here. Authority said it's not a problem as long as we're determined to go on with the paperwork. 

We are almost at the end of this process to do this, without lawyers. My case was straight forward, similar to yours, entered with a tourist visa, change of circumstances, etc. It took us about 12 days to get the NOA1,  a month after for biometrics and we just had our interview scheduled for next month.

 

Downside is, I have been so bored the entire time. But being with your partner is invaluable. Was still worth it to me. Do not think you will have any issues and the links everyone sent you are all you need to file concurrently. 

[Dashinka 23,238]

5 hours ago, Linda91 said:

What documents are needed? I got my passport of course, where all my I information is. 

You do need a photocopy of your birth certificate for the I485.  If your family has returned to Sweden, maybe they can email it to you.  It also may have to be translated.

 

Good Luck!

 

3. Birth Certificate
All Form I-485 applicants, except refugees and asylees, must submit a photocopy of their birth certificate issued by the appropriate civil authority from the country of birth. Although refugees and asylees are not required to submit a photocopy of their birth certificate, if the birth certificate is available, refugees and asylees should submit a copy of the birth certificate. USCIS will only accept a long-form birth certificate which lists at least one parent.
If your birth certificate is unavailable or does not exist, you must prove its unavailability or nonexistence and provide acceptable alternative evidence of birth. (Refugees and asylees do not need to prove unavailability or nonexistence
of their birth certificate.) You can look up your country of birth on the following website, travel.state.gov/content/ visas/english/fees/reciprocity-by-country.html, to see if birth certificates are known to be unavailable or nonexistent in that country.
If this resource shows that birth certificates from your country of birth are generally unavailable or nonexistent, you do not need to do anything to prove that your birth certificate is unavailable or nonexistent.
If this resource does not show that birth certificates from your country of birth are generally unavailable or nonexistent, you must submit an original document from the relevant governmental authority explaining why your birth record does not exist and indicate whether similar records for the time and place are available.
When your birth certificate is not available or does not exist, you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence.

 

https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

[geowrian 22,335]

@OP

Just ignore that guy. He's posted all sorts of incorrect information in this thread and others previously.

 

Correct information has been provided by others. Once AOS is properly filed, one has a period of authorized stay granted by the AG. The overstay is not held against you for AOS purposes as the spouse of a USC. This is written in the INA, and indicated directly in the USCIS Policy Manual (https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3).

 

Most people AOS from VWP entry just fine. It's not an issue.

[Unlockable 7,306]

*** One post edited to remove sensitive word. 

*** Please remember to be open and receptive to corrections when giving advice. One must be will to accept that they may be wrong when giving advice.

 

VJ Moderation

[Penguin_ie 5,985]

******* Re-opened after review.  Many posts removed and further admin action taken against one poster.  Give accurate information and be polite if you disagree with someone elses info, post constructively or do not post. ******

Edited August 21, 2019 by Penguin_ie

[amah91 28]

hello,

 

All the above, but also be ready to justify and have solid proof of your story. ESTA is not supposed to be used for marriage purposes as that is considered fraud if it gets proved you had intentions of using it to get married and remain in the U.S. Good proof are all kinds of ties to your home country such as rentals, bank accounts, job etc.

 

Good luck!

Edited August 21, 2019 by RJ_MA

[Mollie09 1,543]

1 minute ago, RJ_MA said:

hello,

 

All the above, but also be ready to justify and have solid proof of your story. ESTA visas are not supposed to be used for marriage purposes as that is considered fraud if it gets proved you had intentions of using it to get married and remain in the U.S. Good proof are all kinds of ties to your home country such as rentals, bank accounts, job etc.

 

Good luck!

Yeah, none of this is real.

Intent is determined at the border, OP didn't lie to CBP, and why on Earth would you need ties to your home country if you're applying for AOS to stay in the US?

[amah91 28]

5 minutes ago, Mollie09 said:

Yeah, none of this is real.

Intent is determined at the border, OP didn't lie to CBP, and why on Earth would you need ties to your home country if you're applying for AOS to stay in the US?

Because for marriage purposes you're supposed to apply either for a K1 or a CR1 visa. ESTA is used for tourist purposes.

But I'm assuming being here you already know this information.

Edited August 21, 2019 by RJ_MA

[Crazy Cat 39,218]

2 minutes ago, RJ_MA said:

Because for marriage purposes you're supposed to apply either for a K1 or a CR1 visa. ESTA is used for tourist purposes.

But I'm assuming being here you already know this information.

But the law allows a person who came into the US a visitor to adjust their status if they did not enter with intent....unless she misrepresented her intent at the border when she entered, she can legally adjust.