Getting married on a Esta /Visa Waiver Program

[Goddess_ste 0]

there be someone who got married to an american citizen with an esta / visa waiver Program and who stayed on the american territory during the procedure how it happened to you in how long you got your Green card ? I know it's possible I had two testimonials but I would like more information Please.

[JBF 116]

Are you already in the US?

[NikLR 13,220]

~~moved to AOS from work, student and tourist visas from IR1/CR1 progress reports. Topic is asking about AOS from VWP~~

[Goddess_ste 0]

2 hours ago, Reyess said:

Are you already in the US?

Yes , I’m married the 01/21/2020

[debbiedoo 2,339]

its a fuzzy line. yes it can be done IF there was no intent to STAY and adjust at the time of border entry.

 

We did it but there was no intent, it was quite literally a spur of the moment decision. We had a K1 in progress (we were waiting for interview date), the wedding ceremony had been planned for after the visa would have been approved, etc. We did not have any issues, but plenty of evidence that it was not our intent.

 

that said, intent is determined at the border.

 

almost 2 years later, things may be different now. It may be harder/ you may face more scrutiny.

 

since you are already married, truly, the best way would be for you to return to your home country, file for a CR1 and wait out the process.

[Crazy Cat 39,794]

4 hours ago, Stephy Rosette said:

there be someone who got married to an american citizen with an esta / visa waiver Program and who stayed on the american territory during the procedure how it happened to you in how long you got your Green card ? I know it's possible I had two testimonials but I would like more information Please.

There are many cases of marrying and adjusting status after entering the US via ESTA.  If you haven't seen the guide, it might be helpful:  

 

[little immigrant 800]

5 hours ago, Stephy Rosette said:

there be someone who got married to an american citizen with an esta / visa waiver Program and who stayed on the american territory during the procedure how it happened to you in how long you got your Green card ? I know it's possible I had two testimonials but I would like more information Please.

I married under ESTA but went back home. I did CR1 and I have no regrets. 

[Goddess_ste 0]

59 minutes ago, little immigrant said:

I married under ESTA but went back home. I did CR1 and I have no regrets. 

Ok thank you 🙏🏾

[Goddess_ste 0]

1 hour ago, Lucky Cat said:

There are many cases of marrying and adjusting status after entering the US via ESTA.  If you haven't seen the guide, it might be helpful:  

 

Thank you 

[AD_1987 2]

On 4/22/2020 at 9:22 AM, debbiedoo said:

We did not have any issues, but plenty of evidence that it was not our intent.

 

that said, intent is determined at the border.

Hi Debbiedoo,  I'm curious about what kind of evidence proves lack of intent to AOS. I am in the same situation as you were, I'm Canadian visiting my fiancé in the US now while we await our K-1 interview date in Canada, and we're considering just marrying and AOS. However,  I'm terrified of this biting me in the a$$... how can I prove it wasn't my intention to marry and AOS? Bag tags showing I came with one suitcase only (not a truckload of stuff)? That I didn't quit my job so obviously was planning to go back home? That we applied for the K-1 over a year ago so this shows we planned to do it the "right" way? People keep telling me it's not as issue and that if we have a bona fide relationship (which we do) that the adjuciating Officers won't care about this, but I am just very nervous. If I was let in at the border just fine, does that in itself show that there was no intent? Any advice would be appreciated!

[portorusa 431]

My French husband was here on ESTA in 2018, we got married , he left and I filed for CR1. He was post-interview waiting for his CR1 visa when he came to visit me in February 2020 on ESTA and got stuck due to pandemic. We decided to abandon the Consular process and filed for AOS. Still waiting for his immigration papers, and it is a mess with his abandoned apartment, car and belongings in France but at least we are together.

Whatever decision you make, good luck!

[wagecuck3 31]

There is BIA precedent that says that if preconceived intent is the only negative factor in an immediate relative AOS application, then the application should be approved despite this negative factor.

 

I have not heard of ANYONE having their AOS denied simply because they could not provide evidence regarding what their intent was at the time of admission. I would say go ahead and file and don't worry about it. Of course, I am not a lawyer and this is not legal advice etc etc.