I-485 Overstay on ESTA

[Pandora Gadomska 2]

My husband and I were married on 4/20 in London but the ceremony was done by Utah courts (via internet). So technically we were married in the U.S. We came from London to US in May and were married when we entered the country. We had to show our marriage cert and apostille. All went well. We were going to return to UK but with all the nonsense flying in the pandemic, I decided I did not to go back. I am now trying to adjust his status. I filed my I130 yesterday. He entered US on a Polish passport (he is a UK perm resident) with an ESTA visa (we were only going to stay 90 days). My question is: In order to file his 485, we have to go to the civil surgeon doctor which is not cheap. I will not be able to pay for that until after Aug 4. His ESTA expires on 8/4 and is supposed to return. If I filed my I130 already. Do we have to file his 485 immed or will it be ok to file it after his i94 expires? Will he have problems staying here after Aug 4 if his 485 hasn't been filed?

[Boiler 45,657]

The NoA from filing the I 485 is what gets you for want of better words authorised status.

[Timona 4,207]

Check the link below for cheap immigration doctors near you

 

https://www.easyime.com/uscis-immigration-doctors-houston

 

Edited July 1, 2021 by Timona

[USC4SPOUSE 506]

1 hour ago, Pandora Gadomska said:

My husband and I were married on 4/20 in London but the ceremony was done by Utah courts (via internet). So technically we were married in the U.S. We came from London to US in May and were married when we entered the country. We had to show our marriage cert and apostille. All went well. We were going to return to UK but with all the nonsense flying in the pandemic, I decided I did not to go back. I am now trying to adjust his status. I filed my I130 yesterday. He entered US on a Polish passport (he is a UK perm resident) with an ESTA visa (we were only going to stay 90 days). My question is: In order to file his 485, we have to go to the civil surgeon doctor which is not cheap. I will not be able to pay for that until after Aug 4. His ESTA expires on 8/4 and is supposed to return. If I filed my I130 already. Do we have to file his 485 immed or will it be ok to file it after his i94 expires? Will he have problems staying here after Aug 4 if his 485 hasn't been filed?

@Pandora Gadomska if funds are tight right now, have you considered getting the I-693 (Medical) later? You can just bring it to the interview when the time comes.  (I am just mentioning this in case you do not know that). After you file for AOS, you will eventually get a notice of deficiency for the I-693. The notice will instruct your husband to bring the I-693 to the interview. 

 

The issue with the I-693 is that USCIS does not regulate how much civil surgeons can charge for it. So it's best to spend some time doctor shopping for a reasonable price. If you choose to do it later, your husband will also have more time to request his vaccination records from Poland or the UK. Having the vaccination records is key. If you have them, the civil surgeon will just transcribe the vaccines he's had and there will be no need to run blood tests (titers) to check for evidence of immunity. 

 

I just threw a lot of information at you. Ask any questions if anything is not clear. Take home message: you do not have to submit the I-693 Medical with the I-485. You can bring it to the interview.  

 

 

[Pandora Gadomska 2]

I was under the impression that the i693 had to be filed with the 485 or it would be rejected if it was incomplete. Is this not the case?

[KayDeeCee 4,893]

6 minutes ago, Pandora Gadomska said:

I was under the impression that the i693 had to be filed with the 485 or it would be rejected if it was incomplete. Is this not the case?

Won't be rejected. From the I-485 instructions>>

You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.

 

[Pandora Gadomska 2]

Oh thank you KayDeeCee... I was still in the process of reading all this information. I'm becoming an immigration specialist at this point. That was so helpful to me, you have no idea. Sweet then. I filed my i130 and now I can file his 485. I wish they would do this one online too but from what I understand, I can only mail it in at this point. One more question:  His ESTA is up on aug 4. I should file his 485 before then, yes? I'm waiting for my i797 in the mail to add to his 485. I printed a copy of receipt from the USCIS website but from what I understand the one I will receive in the mail will be the correct one to file. Thanks for all your help 

[Pandora Gadomska 2]

One last question:  I filed the i130 and I am awaiting the i797 (receipt). Will I need to file his i485 before his ESTA expires on Aug 4? or will it be ok to file after that? The application fee is a lot for me and I'm not sure if I'll have the funds before then. Will the fact that I filed my i130 be enough or will it be a problem if he overstays on ESTA w/o filing his 485 first? 
(I'm not sure if I worded that correctly, I can rephrase if not)

[Boiler 45,657]

Filing an I 130 has no impact on immigration status.

 

You realise it will be a long time before he obtains work authorisation?

[USC4SPOUSE 506]

14 minutes ago, Pandora Gadomska said:

One last question:  I filed the i130 and I am awaiting the i797 (receipt). Will I need to file his i485 before his ESTA expires on Aug 4? or will it be ok to file after that? The application fee is a lot for me and I'm not sure if I'll have the funds before then. Will the fact that I filed my i130 be enough or will it be a problem if he overstays on ESTA w/o filing his 485 first? 
(I'm not sure if I worded that correctly, I can rephrase if not)

Technically, he would be out of status if you file after 08/04/2021. However, that is forgiven because he married a US citizen. If you're worried about ICE knocking on your door to deport your husband, that will not happen. 

 

Do not forget to file the I-864 Affidavit of financial support, I-765 Employment authorization, I-131 Advance Parole (authorization to re-enter the US if you travel internationally).

 

Include the G-1145 for each form you submit to get a text message alerting you when USCIS accepts them.  https://www.uscis.gov/g-1145

[Pandora Gadomska 2]

I have no doubt. Right now I'm only concerned with adjusting his status so we don't need to return to UK. I don't want to travel during this pandemic with all the restrictions and I just need his residency status fixed. I can work on the i765 later. I think I can file it with his 485, I'm still reading up on that

[Pandora Gadomska 2]

according to the Visa update. The I 864 is no longer required to be filed. At least that is what I am understanding. 

Affidavit of Support Under Section 213A of the INA | USCIS

[USC4SPOUSE 506]

4 minutes ago, Pandora Gadomska said:

I have no doubt. Right now I'm only concerned with adjusting his status so we don't need to return to UK. I don't want to travel during this pandemic with all the restrictions and I just need his residency status fixed. I can work on the i765 later. I think I can file it with his 485, I'm still reading up on that

It is free to file the I-765 and I-131. It's best to just do it. That way he will be able to apply for a driver's license, a Social Security Card and of course, employment. 

 

6 minutes ago, Pandora Gadomska said:

according to the Visa update. The I 864 is no longer required to be filed. At least that is what I am understanding. 

Affidavit of Support Under Section 213A of the INA | USCIS

No, you no longer have to file the I-944 to show that immigrant won't become a public charge. However, the US citizen spouse has to sponsor the intending immigrant and file the I-864 with the I-485. The I-864 is part of it and required at the time of filing.

You can find a co-sponsor who is willing to do that for you. 

 

[arken 4,197]

2 hours ago, Pandora Gadomska said:

I'm waiting for my i797 in the mail to add to his 485. I printed a copy of receipt from the USCIS website but from what I understand the one I will receive in the mail will be the correct one to file

The printed copy of the online i130 receipt and the copy of the mailed version of the notice are the same. No reason to wait and waste several months.

Edited July 1, 2021 by arken

[Pandora Gadomska 2]

Now I'm thinking I do have to file the I-864. I think the amendment means that if you don't meet the guidlines or support that he still can't be denied... I'm all confused on this. I keep reading it trying to understand the wording of it all