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Joe_123456

Green Card Through Marriage

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Hi,

I recently came to the USA on an ESTA to visit my fiance. We had met and lived together for 4 years in China and then decided to get married whilst in the USA due to my Wife's declining health.

I now want to adjust my status and apply for a green card though marriage. My ESTA expires at the end of March. Can I apply for the adjustment of status whilst in the US on my ESTA and will I be able to stay here whilst going through the Green Card application process?

Thanks for your help.

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"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Thanks

 

I did give that a read beforehand and I guess my question comes from the be warned section.

 

We didn't enter the country with the intent to get married but obviously that needs to be proved. Wondering if anyone has been in a similar situation?

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This forum is full of others...

https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

Edited by missileman

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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***Topic moved to Adjustment of Status from Work, Student, & Tourist Visas discussion area***


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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2 hours ago, Joe_123456 said:

Hi,

I recently came to the USA on an ESTA to visit my fiance. We had met and lived together for 4 years in China and then decided to get married whilst in the USA due to my Wife's declining health.

I now want to adjust my status and apply for a green card though marriage. My ESTA expires at the end of March. Can I apply for the adjustment of status whilst in the US on my ESTA and will I be able to stay here whilst going through the Green Card application process?

Thanks for your help.

Yes, you can apply for AOS through marriage to a USC. 

 

Also if I were you I would stick with visajourney instead of Reddit. I saw and commented on your post on Reddit

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Thanks Both,

 

Never used either before and obviously applying for a Green Card is quite a stressful process so I posted on both forums just to increase my chances of getting a reply.

 

One further Questions- With the affidavit of support, does this have to include your spouse? I know that you can have a joint sponsor and need to provide transcripts of 3 years of tax returns. We were abroad for the last 4 years and my spouse didn't file her tax returns (didn't know she had to when living abroad). Could we file the affidavit of support with just a joint sponsor or do we need to get the tax transcripts (not sure how easy this)?

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13 minutes ago, Joe_123456 said:

With the affidavit of support, does this have to include your spouse?

Yeah if you are married

 

13 minutes ago, Joe_123456 said:

my spouse didn't file her tax returns

She needs to file them

13 minutes ago, Joe_123456 said:

Could we file the affidavit of support with just a joint sponsor

She is always the sponsor.   If you need a joint sponsor you can get one.  But really?

 

This does not really seem to be thought out.

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

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8 hours ago, Paul & Mary said:

 

 

This does not really seem to be thought out.

Well, hopefully this is an indicator that they didn’t have intent 😂 or if they did intend, then they really didn’t think about how to actually adjust 🤷‍♀️


AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌

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Just have her back-file her taxes. pretty easy process, and then you will have transcripts available to print.


Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

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The petitioner must have filed taxes for at least the past 3 years. This applies even if using a joint sponsor.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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