AOS from ESTA - K1 Pending

[Boiler 43,564]

And medical

[SalishSea 16,810]

11 minutes ago, HRQX said:

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

That's right, I forgot about the petition fee.

[Duke & Marie 1,389]

2 hours 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?

 

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!

 

 

 

So he’s already in the US on ESTA and working here remotely for a US company? 
 

1. He’s not allowed to work with ESTA so is already in breach of his conditions of entry..

2. If he’s already here yes he can adjust

3. No he’s not allowed to work until authorised... EAD is taking ages, I submitted April 20 and still waiting.. 

[someonetookmyname 2]

2 hours ago, Jorgedig said:

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

Of course, I just wanted to clarify. There seemed to misleading information online

[someonetookmyname 2]

2 hours ago, Duke & Marie said:

So he’s already in the US on ESTA and working here remotely for a US company? 
 

1. He’s not allowed to work with ESTA so is already in breach of his conditions of entry..

2. If he’s already here yes he can adjust

3. No he’s not allowed to work until authorised... EAD is taking ages, I submitted April 20 and still waiting.. 

He was asked by the immigration officer when he arrived in December how we would support himself during his stay. He told them about his job and they said nothing

[HRQX 4,145]

25 minutes ago, someonetookmyname said:

There seemed to misleading information online

Where did you get the wrong amount i.e. "1250"? Your case costs more than a regular K-1 AOS case since you also have to file I-130. I listed the fees on Page 1 of this thread and provided the official USCIS fee calculator.

[SalishSea 16,810]

1 hour ago, someonetookmyname said:

He was asked by the immigration officer when he arrived in December how we would support himself during his stay. He told them about his job and they said nothing

Not sure what happened there, but he is not authorized to work while in the United States, in any capacity, without an EAD.   

[Duke & Marie 1,389]

8 hours ago, someonetookmyname said:

He was asked by the immigration officer when he arrived in December how we would support himself during his stay. He told them about his job and they said nothing

Then I’m really surprised they let him in... since he’s not permitted to work without Work Authority... I suggest you review the conditions of VWP

Edited February 19, 2021 by Duke & Marie

[Crazy Cat 39,354]

8 hours ago, someonetookmyname said:

He was asked by the immigration officer when he arrived in December how we would support himself during his stay. He told them about his job and they said nothing

He got lucky.  Many people have been denied entry for less regarding work. 

[Theodora 2]

On 2/19/2021 at 4:09 AM, JFH said:

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

Croatia and Serbia are good options too! You can spend a couple of weeks there and then fly to the US. Just make sure that the layover is in Turkey and not in a banned country.

[someonetookmyname 2]

On 2/19/2021 at 6:18 AM, Lucky Cat said:

He got lucky.  Many people have been denied entry for less regarding work. 

Hi,

 

Me and my fiance are planning to get married in the US the apply for AOS. He's current stay expires near the end of March but the nearest marriage license/ceremony is available on the 16 of march. 

 

Will this be too late? As his stay will probably expire before they receive the AOS application

 

Thanks