Married with an ESTA (tourist) visa

[amah91 28]

Just now, missileman said:

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.

I know that. that's why i initially wrote this:

 

15 minutes ago, RJ_MA said:

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!

 

[Ben & Katy 168]

56 minutes ago, RJ_MA said:

I know that. that's why i initially wrote this:

 

 

Its going to be pretty hard to prove fraud under this circumstance.  Its not like the person entered yesterday and got married today then it would be pretty obvious.  Not everyone is going to be able to do it the CR1/IR1 or K1 way.  There is no reason to be a hater because it may have taken us longer because we did it through the consular system.    

[Sarah G 166]

I entered the US using ESTA / VWP. I was already married to my husband when I arrived, and just came for a visit while we were waiting for the spousal visa process to move forward. Shortly after I arrived, my husband asked me to stay and after much thought I agreed and we filed for AOS. 

 

As a minimum you're going to need your birth cert, passport, marriage cert, his birth cert or passport, three years of his tax/income records, passport photos, any evidence of previous divorces for either of you, or name changes for either of you, the list goes on and on. It takes a little time to put together but the good news is they want copies of everything, not originals, so you can have family scan docs and email to you and then mail them afterwards. 

 

Others have stated it's best to file before you are out of status but I recognise that will be a tough thing to do. Once I had all my docs together it took me maybe ten hours to put my packet together in a way I was happy with. If there is any way you can get it filed before you are out of status, do it. 

 

Read all the instructions carefully, and post here if you have any questions at all. 

 

It'll take about a week to get your NOA1, after you file. I carry a copy of mine with me at all times since it is the only thing I have that proves I am not in the country illegally. 

 

Very best of luck to you, and congratulations! 

[amah91 28]

23 minutes ago, Ben & Katy said:

Its going to be pretty hard to prove fraud under this circumstance.  Its not like the person entered yesterday and got married today then it would be pretty obvious.  Not everyone is going to be able to do it the CR1/IR1 or K1 way.  There is no reason to be a hater because it may have taken us longer because we did it through the consular system.    

Not being a hater at all. Just trying to be helpful. And not looking forward to getting into a discussion with anyone here. Best luck to all of us 👍🏻♥️

[Mollie09 1,543]

2 hours 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.

 

I'm here through AOS.

[designguy 1,179]

1 hour ago, Sarah G said:

I entered the US using ESTA / VWP. I was already married to my husband when I arrived, and just came for a visit while we were waiting for the spousal visa process to move forward. Shortly after I arrived, my husband asked me to stay and after much thought I agreed and we filed for AOS. 

So you came with immigrant intent and overstayed your visa? Don't mean to be rude but isn't that a big no no. For OP there was a change of circumstance for you, you already had an pending immigrant application. What was the change of your circumstances?

[Mollie09 1,543]

1 minute ago, designguy said:

So you came with immigrant intent and overstayed your visa? Don't mean to be rude but isn't that a big no no. For OP there was a change of circumstance for you, you already had an pending immigrant application. What was the change of your circumstances?

Not relevant. Intent is determined at POE not months after the fact on an internet forum.

[Sarah G 166]

1 minute ago, designguy said:

So you came with immigrant intent and overstayed your visa? Don't mean to be rude but isn't that a big no no. For OP there was a change of circumstance for you, you already had an pending immigrant application. What was the change of your circumstances?

That's not what I said at all. I came with no intent to stay, it was supposed to be a visit. The change of circumstance was that my husband asked me to stay, and ultimately I agreed. I had every intention of leaving when I arrived here. 

 

Also I didn't have a visa, I was on VWP. Also I didn't overstay as I filed before my I-94 expired. 

[designguy 1,179]

5 minutes ago, Sarah G said:

That's not what I said at all. I came with no intent to stay, it was supposed to be a visit. The change of circumstance was that my husband asked me to stay, and ultimately I agreed. I had every intention of leaving when I arrived here. 

 

Also I didn't have a visa, I was on VWP. Also I didn't overstay as I filed before my I-94 expired. 

Why would anyone go through the IR/CR process if the only change of circumstance required would be the spouse (or family member) request the person to stay? Just my opinion but "my husband asked me to stay" does not sounds like a legitimate change of circumstance.

[Sarah G 166]

3 minutes ago, designguy said:

Why would anyone go through the IR/CR process if the only change of circumstance required would be the spouse (or family member) request the person to stay? Just my opinion but "my husband asked me to stay" does not sounds like a legitimate change of circumstance.

There is rather more to it than that. And fortunately for me it is not up to you to decide what is legitimate and what is not. 

[designguy 1,179]

1 minute ago, Sarah G said:

There is rather more to it than that. And fortunately for me it is not up to you to decide what is legitimate and what is not. 

Well thats all the info you provided. Regardless I am happy for you that it worked out  

[Crazy Cat 39,227]

7 minutes ago, designguy said:

Why would anyone go through the IR/CR process if the only change of circumstance required would be the spouse (or family member) request the person to stay?

It all revolves around intent when entering......and it's the law.......

[geowrian 22,335]

A legitimate reason for changing one’s mind is not a requisite for AOS.

[Sarah G 166]

4 minutes ago, designguy said:

Well thats all the info you provided. Regardless I am happy for you that it worked out  

I don't need to provide any info. This isn't my thread, I wasn't looking for advice or judgment and I didn't mean to hijack it. 

 

I wish OP the very best of luck. 

[HRQX 4,145]

17 hours ago, geowrian said:

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...

Isn't it a gray area because of the "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?" ESTA question: