AOS on an ESTA

[dreamstrider 0]

Hello! My boyfriend is from the UK and I I am from the US. We have been traveling for the past two years occasionally entering the US under the ESTA program but always leaving on time. He entered in February of this year and we intended to leave, but now we have decided we’d like to stay more permanently in the US, stop traveling, And commit to our relationship so now we are engaged! Woohoo! 
 

How do I prove that we did not intend to get married when he entered in January? I read on a site about a 90 day rule that if we get married within 90 days it suggests visa fraud. Should we wait till his visa expires to get married? we don’t really care if he loses his ESTA eligibility just don’t want to get denied

[Crazy Cat 39,139]

4 minutes ago, dreamstrider said:

How do I prove that we did not intend to get married when he entered in January?

No need to "prove" it.  There is no 90 rule for USCIS.  There is no reason to wait.

Edited May 3, 2021 by Lucky Cat

[Crazy Cat 39,139]

Step 1:  Marry

Step 2: Follow this guide:

 

[dreamstrider 0]

5 minutes ago, Lucky Cat said:

No need to "prove" it.  There is no 90 rule for USCIS.  There is no reason to wait.

Maybe I’m over thinking it, I read that there is a guideline for officers To presume misrepresentation when certain things happen within 90 days

[Crazy Cat 39,139]

Unless he misrepresented himself when he entered the US, there is no issue here.  In fact, many, many people here have married and adjusted status after plans changed.  I have seen NO cases where it was even questioned.  Also, did you read the excerpt you attached? 

 

[Dashinka 23,170]

I agree, we see a lot of questions regarding the 90 day rule, it really does not apply to USCIS. 

 

Good Luck!

[Crazy Cat 39,139]

27 minutes ago, dreamstrider said:

Maybe I’m over thinking it, I read that there is a guideline for officers To presume misrepresentation when certain things happen within 90 days

I certainly understand your concern, but this question is asked many times here.  The fact is that marrying and adjusting status after entry via ESTA is legal if that was not the original intent when entering.  

Edited May 3, 2021 by Lucky Cat

[Just Paul 4,591]

He isn't getting a VISA from the Department of State.   He is immigrating via USCIS.  Use the correct set of rules not what you "hear" online.

[Ontarkie 13,884]

~~MOved to AOS from Work, STudent and Tourist Visas, from WHat Visa Do I Need - as they are both already inside the US.~~

[SalishSea 16,726]

8 hours ago, dreamstrider said:

Hello! My boyfriend is from the UK and I I am from the US. We have been traveling for the past two years occasionally entering the US under the ESTA program but always leaving on time. He entered in February of this year and we intended to leave, but now we have decided we’d like to stay more permanently in the US, stop traveling, And commit to our relationship so now we are engaged! Woohoo! 
 

How do I prove that we did not intend to get married when he entered in January? I read on a site about a 90 day rule that if we get married within 90 days it suggests visa fraud. Should we wait till his visa expires to get married? we don’t really care if he loses his ESTA eligibility just don’t want to get denied

Just keep in mind that he will not be able to work or be readmitted if he leaves the US for 7-9 months while the petition/adjustment/EAD and AP are pending.

[JFH 12,189]

Visitors are permitted to get married. Even with every intention. I got married to my now-husband whilst visiting and it was planned all along. I even had my wedding dress with me. So ignore everything you’ve seen of heard about it being “fraud” or “illegal” to get married. What is fraudulent is to enter as a non-immigrant with the intention of staying, married or otherwise. Your boyfriend was admitted as a visitor. Therefore the CBP officer at the time was satisfied with his intention to return home after his visit. That’s all that matters. 
 

There is also the fact that intent alone is not enough to deny AOS but that doesn’t even come into it in your case.