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How to marry a green card holder as an overstayed ESTA visa holder and live together?

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Filed: Other Country: Lithuania
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Hello, 

I am Lithuanian citizen (EU) visiting U.S. on ESTA (VWP) visa. Me and my girlfriend (also Lithuanian) decided we want to get married and live in U.S.

 

She is currently green card holder (permanent resident) for 2 years living in U.S. 

 

We know each other for more than five year and were having an open relationship during this time. My ESTA visa expires on August 19, 2020. I am currently with her in California.

 

I am wondering what would be the best way with least consequences to stay together in US and eventually become permanent resident and then citizen of US and if that (marying while overstaying visa) is considered a dificult case. I am thinking about signing up with Boundless or SimpleCitizen and buying their service. I am not sure if I need to hire a lawyer...

 

Any Help Appreciated!

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offical sources:
 

 

INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens

https://www.uscis.gov/sites/default/files/document/memos/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf


 

An alien is barred from adjustment of status if the alien is in an unlawful immigration status on the date of filing the adjustment application. ...

Aliens in unlawful immigration status generally include those:

-Who entered the United States without inspection and admission or parole; and

-Whose lawful immigration status expired or was rescinded, revoked, or otherwise terminated. 
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3


 

 

 

Edited by SusieQQQ

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27 minutes ago, SusieQQQ said:

So it’s a double “you can’t”.

It'll actually become a triple whammy after Aug. 19. In addition to the 2 bars you mentioned above there is INA 245(c)(2) bar: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

Any adjustment applicant is ineligible to adjust status under INA 245(a) if, other than through no fault of his or her own or for technical reasons, [1] he or she has ever:

  • Failed to continuously maintain a lawful status since entry into the United States; [2] or

  • Violated the terms of his or her nonimmigrant status. [3] 

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Unfortunately, you can't do the things you want to do. You and your girlfriend are ineligible. 

 

Your best and safest option is for you two to get married right away, then you return to your country while she files for you. Yes it is going to take a while, but it is better than the alternative which is you being in the US with no legal status for years. 


“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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Filed: Citizen (apr) Country: Russia
Timeline

I agree with the other posters above, there is no path for AOS in this case.  As @Unlockable stated the safest option is to get married and then leave prior to your authorized stay expiring thereby avoiding any bars to re-entry and any issues with ESTA in the future.  It will take a couple of years for the F2A visa processing and since apparently your fiance will not be eligible to file for citizenship for the next couple of years, more than likely the F2A will process first.  You will also be able to visit as long as you don't mess up your ESTA/VWP privilege.

 

Good Luck!


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9 hours ago, 1pnb said:

Hello, 

I am Lithuanian citizen (EU) visiting U.S. on ESTA (VWP) visa. Me and my girlfriend (also Lithuanian) decided we want to get married and live in U.S.

 

She is currently green card holder (permanent resident) for 2 years living in U.S. 

 

We know each other for more than five year and were having an open relationship during this time. My ESTA visa expires on August 19, 2020. I am currently with her in California.

 

I am wondering what would be the best way with least consequences to stay together in US and eventually become permanent resident and then citizen of US and if that (marying while overstaying visa) is considered a dificult case. I am thinking about signing up with Boundless or SimpleCitizen and buying their service. I am not sure if I need to hire a lawyer...

 

Any Help Appreciated!

Boundless and SimpleCitizen are filling service, they do nothing than filling and sending your application. You have no way to adjust status in the US.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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8 hours ago, HRQX said:

Leave the US, ASAP. Don't ruin your chances at path towards legal immigration.

Not only ruining your own chances, but the chances of thousands waiting for immigrant visa approval and the many filing tomorrow.

This is exactly the reason -  my immigration attorney said - why agencies raise immediately red flag for not "arriving with honest intent"

and also would use your actions as statistics against honest and legally compliant couples.

 

1pnb, leave before the ESTA clocks out and follow the legal way to marry + reside in USA. I would not wait for ICE to knock on the door.

One good thing, there is no waiting period for marriage license in CA that allows you to marry before lawful departure. (https://caliofficiants.com/california-marriage-license/)

 

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2 hours ago, Dashinka said:

I agree with the other posters above, there is no path for AOS in this case.  As @Unlockable stated the safest option is to get married and then leave prior to your authorized stay expiring thereby avoiding any bars to re-entry and any issues with ESTA in the future.  It will take a couple of years for the F2A visa processing and since apparently your fiance will not be eligible to file for citizenship for the next couple of years, more than likely the F2A will process first.  You will also be able to visit as long as you don't mess up your ESTA/VWP privilege.

 

Good Luck!

Ah yes, good point. One day overstay and the ESTA is gone, and almost certainly any chance of a B2 visitor visa with it, making even visits impossible while waiting. 

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Filed: AOS (apr) Country: Thailand
Timeline

If you need married fast, and certificate the same day, A quick drive to Las Vegas, NV, and I can have you married and certificate in hand within an hour. Then you can file before you leave even. Note: as others have stated, you will still need to leave before your ESTA expires, but you will be able to start the process before you leave even.


Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

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The most important question is how the LPR spouse obtained LPR status. If that was based on marriage to a USC they have an uphill battle if they have been in a relationship for 5 years. 


 

 

 

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Filed: Other Country: Lithuania
Timeline
7 hours ago, Boiler said:

How did she obtain her residency?

 

Green Card Lottery

16 minutes ago, JFH said:

The most important question is how the LPR spouse obtained LPR status. If that was based on marriage to a USC they have an uphill battle if they have been in a relationship for 5 years. 

No, it was Green Card Lottery

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