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ETintheUS

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1 minute ago, ETintheUS said:

I'm assuming if this is the case it will be fine if we marry on this trip, and will not be a problem with TSA?

TSA isn't involved.   CBP grants the entry.   He just needs to qualify for ESTA, answer questions truthfully at inspection and maintain his ties to the UK.

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

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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2 minutes ago, Paul & Mary said:

?   Marry, file the 1-130/130A, he goes home for consular processing but each of you can visit the other in either country.

Ok awesome! Sounds pretty simple. 

 

We spoke to lawyers previously and they made it clear to us that if we married and didn't tell TSA on arrival that we were intending to marry that it may hinder us later on. 

 

We were not sure at the time if that's what we wanted to do on this trip, however we do want to marry, so we we're concerned. 

 

Ok wonderful and thanks for your support! 

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Just now, ETintheUS said:

Ok awesome! Sounds pretty simple. 

 

We spoke to lawyers previously and they made it clear to us that if we married and didn't tell TSA on arrival that we were intending to marry that it may hinder us later on. 

 

We were not sure at the time if that's what we wanted to do on this trip, however we do want to marry, so we we're concerned. 

 

Ok wonderful and thanks for your support! 

 

1 minute ago, Paul & Mary said:

TSA isn't involved.   CBP grants the entry.   He just needs to qualify for ESTA, answer questions truthfully at inspection and maintain his ties to the UK.

Sorry CBP. 

 

Yes he qualifies for ESTA, so it would be required on re-entry ties to UK. Good stuff! 

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~~moved back to IR1/CR1 process and procedures from AOS from op request~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Other Country: China
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41 minutes ago, ETintheUS said:

Ok awesome! Sounds pretty simple. 

 

We spoke to lawyers previously and they made it clear to us that if we married and didn't tell TSA on arrival that we were intending to marry that it may hinder us later on. 

 

We were not sure at the time if that's what we wanted to do on this trip, however we do want to marry, so we we're concerned. 

 

Ok wonderful and thanks for your support! 

Since you see TSA on the way to the Gate for a departing flight, and never on the way in, throw out anything anybody (lawyer or not) said about saying ANYTHING to TSA on the way IN.  Even so, there's no more need to tell CBP that you plan to marry than to tell them you might visit a public library.  Besides, your plans changed AFTER entry.  It really IS a free country in that respect.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Filed: Citizen (apr) Country: Ukraine
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16 hours ago, pushbrk said:

If he decides to stay and adjust status.  Absolutely no problem with getting married.  If that's what you want, do it.  Then, choose the immigration path that best fits your priorities and circumstances.  You have two options, immigrant visa, or adjust status from within the US.  Understand the differences well, then match them to your priorities and circumstances.

Yes, they are free to marry and stay in the us and adjust status. However, there is a presumption of having made a willful material misrepresentation at the time of admission or application for a nonimmigrant visa when that nonimmigrant enters the United States and within 90 days And marries. Therefore, if you are going to marry and adjust it is best to wait till day 91 to avoid this presumption. 

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2 minutes ago, GP1977 said:

Yes, they are free to marry and stay in the us and adjust status. However, there is a presumption of having made a willful material misrepresentation at the time of admission or application for a nonimmigrant visa when that nonimmigrant enters the United States and within 90 days And marries. Therefore, if you are going to marry and adjust it is best to wait till day 91 to avoid this presumption. 

Not relevant - Intent was determined at POE.   Plus he is leaving and not adjusting.

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

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: Other Country: United Kingdom
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I'm a British citizen that flew to the US with (now) US spouse to get married in April 2019. My I-130 was accepted in August and is under review. I left and went back to my country of residence. All of this was done on an ESTA.

 

Let's see how things go!

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8 minutes ago, juninho10 said:

I'm a British citizen that flew to the US with (now) US spouse to get married in April 2019. My I-130 was accepted in August and is under review. I left and went back to my country of residence. All of this was done on an ESTA.

 

Let's see how things go!

Thank you, that's really helpful 

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16 hours ago, ETintheUS said:

 

I'm assuming if this is the case it will be fine if we marry on this trip, and will not be a problem with TSA? 

Just a correction with terminology. TSA is in charge of aircraft and passenger/crew security. They check your carry ons to make sure you are not carrying anything dangerous and also check your ID before you go to the gate to make sure you are not on the “no fly” list. You see them before you get on a flight in the USA. They have nothing to do with arriving passengers or immigration. You are thinking of CBP. These are the agents that question arriving passengers as to their intentions once in the country. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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1 hour ago, JFH said:

Just a correction with terminology. TSA is in charge of aircraft and passenger/crew security. They check your carry ons to make sure you are not carrying anything dangerous and also check your ID before you go to the gate to make sure you are not on the “no fly” list. You see them before you get on a flight in the USA. They have nothing to do with arriving passengers or immigration. You are thinking of CBP. These are the agents that question arriving passengers as to their intentions once in the country. 

Ok got it! Thanks for that 

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On 1/19/2020 at 8:45 PM, ETintheUS said:

Hello,

 

Looking for quick help here. My partner is here visiting the US from the UK on the ESTA and we have decided to get married! Because he is already here and it is very easy to get married in Colorado, can we file for marriage even if he didn’t inform agents on arrival about marriage?
 

When he flew in on Dec 16th in NYC, we thought he would be leaving on Dec 31st and this is what he told agents. But now he is here in Colorado with me and we’d like to move forward with our relationship.

 

If we decide to marry now, will implications of him arriving and not informing agents about marriage and that he was meant to leave sooner, effect the marriage visa/green card process? As he stated to TSA that he was only here on holiday. 

 

Is it advisable for him to leave and fly back, letting the agents know his intentions on arrival?
 

If not and we marry whilst he is here, would he need to leave the US as soon as we marry?

 

Thank you in advance!

 

Eugenia 

I came to the US in Oct 2019 on ESTA, didn't say I was getting married to the agents...got married 3 days later!!

 

Applied for I-130 in Nov as I was still working overseas. Easily came back to the USA this Jan 2020 on ESTA for a 3 month trip (just said I'm here as a tourist visiting my husband) and they let me in no more then 3 questions asked. It's easy to get in and out on ESTA!! 

Edited by Clayera
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Filed: Citizen (apr) Country: Canada
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~~15 posts removed for arguing an issue that does not apply to this situation some of those quoting. Stick to answering the OP's questions and nothing else.~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
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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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  • 2 weeks later...
On 1/21/2020 at 10:51 AM, Clayera said:

I came to the US in Oct 2019 on ESTA, didn't say I was getting married to the agents...got married 3 days later!!

 

Applied for I-130 in Nov as I was still working overseas. Easily came back to the USA this Jan 2020 on ESTA for a 3 month trip (just said I'm here as a tourist visiting my husband) and they let me in no more then 3 questions asked. It's easy to get in and out on ESTA!! 

Thanks that's great advise 

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We've been looking into this further and I'd like to clarify a question related to earnings. 

 

I currently earn around 50k, however as I'm self employed, my taxable income is actually around 12.5k. At the time I didn't realise this may effect the visa process. 

 

Is this too little? Will I need to adjust earnings and is there a time aspect related to this, eg. have to be earning over a certain amount for a certain period of time?

 

My parents stated they will sponsor us if required. 

 

I look forward to your replies!

 

Thanks in advance. 

 

Eugenia

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