AOS from ESTA - K1 Pending

[someonetookmyname 2]

Hi, 

 

This is a long post and I appreciate for those who could read and give me some advice. 

 

Currently, me and my finance are waiting for the K1 visa. We applied in December 2020. 

 

However, today, I found out that you can get married on a ESTA then apply for marriage AOS. We never intended to get married here but after speaking and considering everything we realised it is taking too long to start our lives together. My Finance is from the UK and he doesn't have any obligations back home; no house, job etc. We are both 23 years old. We know it's about intent of your visit under ESTA, we never had the wrong intention. How could we prove this? We didn't make any wedding plans because the K1 visa has over a year wait so it didn't make sense. 

 

From our understanding, we would need to a find a place that hold legal weddings then fill/send in the appropriate forms for AOS. Is this correct? I've read that under Trump, they made changes to changing status while on ESTA. My finance has been here since December 29th so just over 50 days. His return flight is on March the 19th so our initial plan was for him to leave then. Roughly 80 days total. Will this be a problem?

 

I know there is fees for filling for AOS around $1250 but I also saw people mention a waiver. How does this work?

 

How long will it take for him to receive his temporary work permit, advanced parole and then his green card? Could we travel to another state while all this is pending? We would like to move in together in a new place

 

Currently, he works remotely for an online teaching platform that is a US company but it's an entry level position that didn't need any checks. Will he be able to continue working?

 

I understand this a lot of questions but i really appreciate if any could give some answers.

 

Thank you!

 

 

 

[Crazy Cat 39,233]

13 minutes ago, someonetookmyname said:

However, today, I found out that you can get married on a ESTA then apply for marriage AOS.

Only if the foreign spouse is already inside the US .  Entering via ESTA with the intent to stay would be visa fraud.  If your fiance is here right now, yes, he can apply to adjust after marriage.  However, be aware that he cannot leave the US or work for 6-9 months after applying to adjust.

Edited February 19, 2021 by Lucky Cat

[Boiler 43,434]

Sounds like he is in the US?

 

Assuming that then working remotely is a potential issue, adjusting is not.

 

6 to 8 months currently to get work authorisation but who knows.

 

No fee waiver.

[Crazy Cat 39,233]

11 minutes ago, someonetookmyname said:

I've read that under Trump, they made changes to changing status while on ESTA.

Untrue. 

[SalishSea 16,771]

11 minutes ago, someonetookmyname said:

Hi, 

 

This is a long post and I appreciate for those who could read and give me some advice. 

 

Currently, me and my finance are waiting for the K1 visa. We applied in December 2020. 

 

However, today, I found out that you can get married on a ESTA then apply for marriage AOS. We never intended to get married here but after speaking and considering everything we realised it is taking too long to start our lives together. My Finance is from the UK and he doesn't have any obligations back home; no house, job etc. We are both 23 years old. We know it's about intent of your visit under ESTA, we never had the wrong intention. How could we prove this? We didn't make any wedding plans because the K1 visa has over a year wait so it didn't make sense. 

 

From our understanding, we would need to a find a place that hold legal weddings then fill/send in the appropriate forms for AOS. Is this correct? I've read that under Trump, they made changes to changing status while on ESTA. My finance has been here since December 29th so just over 50 days. His return flight is on March the 19th so our initial plan was for him to leave then. Roughly 80 days total. Will this be a problem?  You can marry and adjust status.

 

I know there is fees for filling for AOS around $1250 but I also saw people mention a waiver. How does this work?  Not a thing.  You must pay it.

 

How long will it take for him to receive his temporary work permit, advanced parole and then his green card? Could we travel to another state while all this is pending? We would like to move in together in a new place  He will not be able to work (even remotely) or return to the US if he leaves for at least 8-9 months.  

 

Currently, he works remotely for an online teaching platform that is a US company but it's an entry level position that didn't need any checks. Will he be able to continue working?  Nope, not until he has the EAD.

 

I understand this a lot of questions but i really appreciate if any could give some answers.

 

Thank you!

 

 

 

 

[Crazy Cat 39,233]

16 minutes ago, someonetookmyname said:

My finance has been here since December 29th so just over 50 days. His return flight is on March the 19th so our initial plan was for him to leave then. Roughly 80 days total. Will this be a problem?

Not a problem.  Study this guide:

 

 

[JFH 12,189]

*~*~*moved from “adjustment of status from K visas” to “adjustment of status from work/study/tourist visas” as the beneficiary is here under the VWP*~*~*

 

Just out of interest, which route did he use to get into the US? Purely to be able to advise other Europeans subject to the proclamation I’m gathering experiences on various routes and their success rates. 

[someonetookmyname 2]

1 hour ago, Lucky Cat said:

Only if the foreign spouse is already inside the US .  Entering via ESTA with the intent to stay would be visa fraud.  If your fiance is here right now, yes, he can apply to adjust after marriage.  However, be aware that he cannot leave the US or work for 6-9 months after applying to adjust.

He has been here since December 29th 2020. Yeah, we are aware of the long waiting time to work/leave but in the current market, it's unlikely to find a job back in the UK and we wont be able to see each other for at least 6 months. 

 

Thank you for your answer. 

[someonetookmyname 2]

1 hour ago, JFH said:

*~*~*moved from “adjustment of status from K visas” to “adjustment of status from work/study/tourist visas” as the beneficiary is here under the VWP*~*~*

 

Just out of interest, which route did he use to get into the US? Purely to be able to advise other Europeans subject to the proclamation I’m gathering experiences on various routes and their success rates. 

He came from Turkey. He is also a Turkish citizen was there for few months looking for work. 

 

From Europe many people either go to Turkey or Morroco to quarantine then fly to US. 

1 hour ago, Lucky Cat said:

Thank you for this link. I will look into it 

 

[someonetookmyname 2]

1 hour ago, Jorgedig said:

 

Could he work for a UK or another company that is outside the US?

[SalishSea 16,771]

Just now, someonetookmyname said:

Could he work for a UK or another company that is outside the US?

He cannot work while inside the US without work authorization (EAD).   Big drawback of both K-1 and trying to adjust on B visa.   Same with being unable to travel.

[someonetookmyname 2]

1 hour ago, Boiler said:

I see but the job is something he is willing to give up. 

 So we would need to pay full 1250 fee for AOS?

[SalishSea 16,771]

Just now, someonetookmyname said:

 So we would need to pay full 1250 fee for AOS?

Yes.  Why wouldn't you?  Same fee if he came on a K-1.

[JFH 12,189]

18 minutes ago, someonetookmyname said:

He came from Turkey. He is also a Turkish citizen was there for few months looking for work. 

 

From Europe many people either go to Turkey or Morroco to quarantine then fly to US. 

 

Good to know, thank you. I see Mexico discussed here a lot but pleased to see a success story through Turkey. 

[HRQX 4,145]

19 minutes ago, someonetookmyname said:

 So we would need to pay full 1250 fee for AOS?

That is the wrong amount. Use the fee calculator: https://www.uscis.gov/feecalculator For I-765 and I-131 select "Yes" to both "Did you file your pending I-485 on or after July 30, 2007?" and "Did you pay the I-485 required application fee?"

 

I-130: $535

I-485: $1225

I-765: $0

I-131: $0