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caitlinrose88

Did we majorly screw up?

By caitlinrose88 in Adjustment of Status from Work, Student, & Tourist Visas

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caitlinrose88 Rookie

caitlinrose88   6

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

Okay guys I’m worried now. Someone tell

me if we messed up...

 

My husband is Irish and was living in Canada on a work visa. He came to visit me in the States on his ESTA in March. We had a K1 that was accepted but were waiting for the interview. The day after the borders closed due to Covid. Our interview was never scheduled. We ended up getting married in the states and adjusting status. Our I485 and I130 are pending right now. Here’s my question: were we supposed to extend his esta? I assumed that we didn’t need to and now all of the sudden it occurred to me that we might have needed to? Help, smart people of VJ!! 

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Lil bear Experienced

Lil bear   3,831

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)
7 minutes ago, caitlinrose88 said:

Okay guys I’m worried now. Someone tell

me if we messed up...

 

My husband is Irish and was living in Canada on a work visa. He came to visit me in the States on his ESTA in March. We had a K1 that was accepted but were waiting for the interview. The day after the borders closed due to Covid. Our interview was never scheduled. We ended up getting married in the states and adjusting status. Our I485 and I130 are pending right now. Here’s my question: were we supposed to extend his esta? I assumed that we didn’t need to and now all of the sudden it occurred to me that we might have needed to? Help, smart people of VJ!! 

No. You can’t  extend an ESTA. As long as you have the NOA1.. the notice that the AOS petition has been received, then he is in a period of lawful stay while it is being processed. Hopefully he applied for the Employment authorisation EAD and advanced Parole at the same time.  

Edited by Lil bear
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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

You cannot extend VWP entry. At most, a extra 30 day period to depart can be requested by CBP, and it's meant to be a one-time event to leave in the event of an emergency that you cannot leave on time.

 

A properly filed I-485 grants a period of authorized stay while the case is ending. So no issue there.

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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caitlinrose88 Rookie

caitlinrose88   6

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted
8 minutes ago, geowrian said:

You cannot extend VWP entry. At most, a extra 30 day period to depart can be requested by CBP, and it's meant to be a one-time event to leave in the event of an emergency that you cannot leave on time.

 

A properly filed I-485 grants a period of authorized stay while the case is ending. So no issue there.

Great thank you sooo much! Now I can sleep tonight :)

9 minutes ago, Lil bear said:

No. You can’t  extend an ESTA. As long as you have the NOA1.. the notice that the AOS petition has been received, then he is in a period of lawful stay while it is being processed. Hopefully he applied for the Employment authorisation EAD and advanced Parole at the same time.  

Fantastic. Yes we applied for EAD and SSN at the same time. Thank you so much for your quick response :) 

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I would switch your flag from Canada to Ireland, since your husband won't be interviewing in Canada. ;)

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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  • 2 weeks later...
geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
11 minutes ago, Beenwaitingforeva said:

Wont they assume he crossed the border with intent to get married and stay which I thought you arent meant to do?

Yes, entering with intent to stay is fraud.

But the OP is already in the US. Intent was determined at POE.

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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