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mdisalvatore

Can I apply to Green Card if I came to US with ESTA application?

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Good morning everyone! I came to United States almost three months ago. I got engaged two weeks ago and we will get married in July by a 30 days extention in my ESTA application.

My fiancé called yesterday to USCIS office and they say that I can't apply to Green Card with my actual status in ESTA, is anyone who knows about this information or had a similar situation before?

Thanks!

 

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VWP visitors are barred from filing for adjustment of status.........but the bar does not apply to immediate relatives of US citizens....such as a spouse.

Edited by Lucky Cat

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

Please do not start multiple/duplicate threads for the same discussion.......

Edited by Lucky Cat

"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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ESTA is not a status. ESTA is a travel authorization..it only lets you board the plane. You enter via the VWP.

In your case, since I'm assuming the petitioner is a US citizen, you can do AOS.

 

There is no extension of an ESTA or VWP traveler legal status. You can request Satisfactory Departure for an extra 30 days to leave.

That said, what was claimed when you requested satisfactory departure? Hopefully you did not claim needing more time to leave if you were already planning on staying.

Edited by geowrian

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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On 5/28/2020 at 12:27 PM, geowrian said:

ESTA is not a status. ESTA is a travel authorization..it only lets you board the plane. You enter via the VWP.

In your case, since I'm assuming the petitioner is a US citizen, you can do AOS.

 

There is no extension of an ESTA or VWP traveler legal status. You can request Satisfactory Departure for an extra 30 days to leave.

That said, what was claimed when you requested satisfactory departure? Hopefully you did not claim needing more time to leave if you were already planning on staying.

We will have the interview for satisfactory departure around June 10th. I cant come back to my country right now because is still locking down. 

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29 minutes ago, mdisalvatore said:

We will have the interview for satisfactory departure around June 10th. I cant come back to my country right now because is still locking down. 

So are you planning to stay and do AOS, or are you planning to leave? Both are valid options.


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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