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MWOOD2020

Filing for AOS before or after ESTA expires?

By MWOOD2020 in Adjustment of Status from Work, Student, & Tourist Visas

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MWOOD2020 Newbie

MWOOD2020   0

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Hello!

 

My partner came to visit me in California on October 7th of this year.  He's a British citizen.  We decided that with all this craziness going on in the world that we wanted to be married ASAP.  We had tiny backyard ceremony on November 11th, and it was so amazing. :) We now want to file for AOS while my husband is here.  We are just unsure about the timing.  Do we have to file before the Visa Waiver (ESTA) expires on January 4, 2020?   Or can my husband overstay and we file within a month or so after it expires?  Would the new president taking office on January 20th make a difference? 

 

Thank you!

Crazy Cat Grand Master

Crazy Cat   44,553

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Once his I-94 has expired, he will technically be subject to deportation.  Once a proper I-485 has been filed, he will be granted authorized stay until the I-485 is adjudicated.  Authorized stay is not a legal status, but it prevents/stops unlawful presence while the I-485 is pending. To be completely safe,  I recommend he file the I-485 package before the expiration of the I-94.  Good luck....

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ultrasoul Explorer

ultrasoul   58

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Filed: Citizen (apr) Timeline
Posted (edited)
1 hour ago, MWOOD2020 said:

Hello!

 

My partner came to visit me in California on October 7th of this year.  He's a British citizen.  We decided that with all this craziness going on in the world that we wanted to be married ASAP.  We had tiny backyard ceremony on November 11th, and it was so amazing. :) We now want to file for AOS while my husband is here.  We are just unsure about the timing.  Do we have to file before the Visa Waiver (ESTA) expires on January 4, 2020?   Or can my husband overstay and we file within a month or so after it expires?  Would the new president taking office on January 20th make a difference? 

 

Thank you!

@MWOOD2020 

 

File your combo I-130 & I-485 package ASAP- it does you no benefit to wait especially since you are only an appellate court judgment away from the stalled Oct 2020 fee increase taking effect again.

 

You can pay the fees thru credit card using the G-1450 form- you will need 2 separate G-1450 forms one to pay the current lower $535 I-130 fee and one to pay the $1,225 I-485 fees. Be sure to also concurrently file for the I-131 advance parole and I-765 EAD for free for now.

 

Once an appellate court judgment allows the stalled Oct 2020 fee to increase, instead of paying $1,760 you will have to pay $2,830 (I-130 $560, I-485 $1,130, I-131  $590, I-765 $550)

 

So yeah file ASAP. 

Edited by ultrasoul

I-130 JOURNEY FOR F2A Minor Child of LPR (MNL Consular Processing)

7/29/20: Online I-130

9/28/20: I-130 Approved

10/1/20: NVC case number generated (10/5 CEAC ready for doc uploads & 11/18: Doc uploads completed for NVC review)

11/21/20: DQ'ed by NVC

1/24/23: USEM schedules interview (3/17: St Luke's medicals completed)

4/3/23: USEM F2A IV Interview (4/4: Visa Issuance & 4/6: Passport delivered)

6/6/23: US POE (6/8 SSN card mailed, 7/6 green card ordered)
 

I-130 JOURNEY FOR IR-5 Parent of USC (MNL Consular Processing)

1/18/19: Paper I-130

8/13/19: I-130 Approved 

9/9/19: NVC case number generated (10/7 CEAC ready for doc uploads & all doc uploads completed for NVC review)

11/25/19: DQ'ed by NVC

12/18/19: USEM schedules interview (12/27: St Luke's medicals completed)

1/6/20: USEM IR-5 IV Interview (3/4: Visa Issuance & 3/10: Passport delivered)

6/10/20: US POE (6/13 SSN card mailed, 7/3 green card ordered)
 

I-130/ I-485 FOR Parent of USC (Adjustment of Status, Not concurrent filing)

1/18/19: Paper I-130 (did not do concurrent I-485 filing)

6/25/19: Paper I-485 (7/5 Biometrics mailed)

7/12/19: Walk-in biometrics completed

7/31/19: Combo EAD/ AP mailed  (8/8: I-485 Interview Ready to be scheduled)

8/26/19: I-130 Approved (12/10/19: I-485 Interview scheduled)

1/28/20: Interview at Greer SC FO

2/6/20: I-485 approved, Green Card Ordered (2/10: Green Card Produced and Mailed)

 
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