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Stephen68

Wait 90 days AOS on ESTA already married?

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Hi- Im a USC and my EU wife of 3 years came to visit on ESTA and we have decided to stop traveling and go for AOS while she’s here. Totally unplanned- our employment changed. We prefer to Do it ourselves as everything seems straight forward enough -but unclear on what exact date to apply for AOS. After ESTA day 60 or and before 90? or after 90 day when ESTA runs out ? We have been together 8 years no worries on interviews. One lawyer said apply after 60 and another said after 90. Confused. We are in Nevada if that matters. Thanks! 

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Filed: K-1 Visa Country: Wales
Timeline

ASAP

 

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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*** Moved to "Adjustment of Status from Work, Student, & Tourist Visas"

 

VJ Moderation 


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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4 hours ago, Stephen68 said:

Hi- Im a USC and my EU wife of 3 years came to visit on ESTA and we have decided to stop traveling and go for AOS while she’s here. Totally unplanned- our employment changed. We prefer to Do it ourselves as everything seems straight forward enough -but unclear on what exact date to apply for AOS. After ESTA day 60 or and before 90? or after 90 day when ESTA runs out ? We have been together 8 years no worries on interviews. One lawyer said apply after 60 and another said after 90. Confused. We are in Nevada if that matters. Thanks! 

File the AOS and all the extras,  AP and EAD.  No need to wait. Easy enough to do it yourself.


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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I don't get why lawyers continue to give this advice despite it being completely false.  Law firm websites are filled with this myth as well.  I get it that its a DOS guideline, but its also painfully obvious USCIS/DHS don't follow it.

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Thanks for the replies. I still think should wait until at least day 60 before filing so theres no pre conceived intent when she arrived on ESTA. We are still around day 30. Time isnt an issue- just trying to do everything correctly. Thanks!

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7 minutes ago, Stephen68 said:

Thanks for the replies. I still think should wait until at least day 60 before filing so theres no pre conceived intent when she arrived on ESTA. We are still around day 30. Time isnt an issue- just trying to do everything correctly. Thanks!

You are basing it on an Department of State Guideline that has nothing to do with USCIS.   You are not applying for a VISA, you are adjusting status.


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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Filed: K-1 Visa Country: Wales
Timeline

Think about it if she had pre conceived intent why does waiting change that. Not that it is an issue.


“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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Understood thanks... From what I know- the old rules up to end 2017 were the ESTA could be adjusted after 60 days. trying AOS in first 30 days would show intent to have planned to stay and USCIS might deny. Second 30 days they were skeptical. After day 60 it was fair game. Even if already married. Its about entering the USA on the ESTAs correct purpose and not to be here only 3 weeks and try for AOS. But I guess what your saying is it really doesnt matter as the ESTA would be timing out while AOS is in process regardless. 

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Filed: K-1 Visa Country: Wales
Timeline
16 minutes ago, Stephen68 said:

Understood thanks... From what I know- the old rules up to end 2017 were the ESTA could be adjusted after 60 days. trying AOS in first 30 days would show intent to have planned to stay and USCIS might deny. Second 30 days they were skeptical. After day 60 it was fair game. Even if already married. Its about entering the USA on the ESTAs correct purpose and not to be here only 3 weeks and try for AOS. But I guess what your saying is it really doesnt matter as the ESTA would be timing out while AOS is in process regardless. 

Not sure where you are getting this but no such rules.


“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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File asap so you have authorized stay



 

Spoiler

My timeline:
2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2014-03-24 Approved
2014-05-05 10 year Green Card received
2015-04-23 Divorced
2015-06-17 Remarried
2016-08-02 N400 filed under 5 year rule
2017-05-04 Interview
2017-07-05 Oath Ceremony
Husband's timeline:
2013-01-16 US Entry under B2
2017-07-05 Filed for AOS
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
Son's timeline:
2019-01-17 Filed I-130 LIN IR2 
2020-02-05 Approved LIN
2020-03-11 Received NOA 2
2020-03-13 Paid Fee $120
2020-03-24 Uploaded AOS
2020-04-20 Submitted civil documents
2021-01-05 Documentarily Qualified
2021-01-28 Medical
2021-02-11 Interview
2021-02-24 Issued
2021-07-15 US Entry with IR2

2022-02-22 10 year Green Card received
Husband's & Son's timeline naturalization:
2021-10-04 Eligibility opens up

2021-10-17 N400 online

 

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