How long to wait to file AOS after marriage on ESTA? (merged)

[JeanneAdil 7,078]

1 minute ago, dusty_jewels said:

Yes, I'll look into that. Right now I'm still on ESTA and the immigration officer told me that I'm allowed to work as per usual as my company is not a US-based company and many clients are not US-based. Apparently this is done all the time and CBP lets people in who state they are here for tourism but want to work remotely for a non-US company. I think it's a legal gray area that I'll need to clarify more on with an accountant or lawyer.

 

Thanks for the link! So many things to consider during this process!

yep,  B1 /B2 allows work here but that visa is totally different than what is expected of USC spouse going thru AOS

[dusty_jewels 6]

2 minutes ago, JeanneAdil said:

yep,  B1 /B2 allows work here but that visa is totally different than what is expected of USC spouse going thru AOS

Totally got it. I'll be careful to clarify this bit with my lawyer as we start filing. Right now I'm basing it on ESTA as I haven't filed yet. I might decide to go home and go for consular processing of the green card in the end.

 

Thank you so much, much to consider, so many things to clarify!

[SalishSea 18,462]

1 hour ago, dusty_jewels said:

Yes, thank you, I'll definitely look into that. Right now I'm still on ESTA and the immigration officer told me that I'm allowed to work as per usual as my company is not a US-based company and many clients are not US-based. Apparently this is done all the time and CBP lets people in who state they are here for tourism but want to work remotely for a non-US company. I think it's a legal gray area that I'll need to clarify more on with an accountant or lawyer.

 

Thanks for the link! So many things to consider during this process!

This is incorrect.  I would be VERY wary about doing work within the US without an EAD, especially since you are worried about AOS.  And whatever was told to you at POE was in the contest of them thinking you were only coming for a visit (because that is what you stated), when just a few short weeks later your plans miraculously changed.

Edited August 31, 2021 by Jorgedig

[dusty_jewels 6]

12 minutes ago, Jorgedig said:

This is incorrect.  I would be VERY wary about doing work within the US without an EAD, especially since you are worried about AOS.  And whatever was told to you at POE was in the contest of them thinking you were only coming for a visit (because that is what you stated), when just a few short weeks later your plans miraculously changed.

With this new information, I might go back home when my ESTA ends, keeping in line with the original visitor intent. I've just asked an immigration lawyer, will see how this goes! Thank you for letting me know. Glad I posted here.

Edited August 31, 2021 by dusty_jewels

[YYZ&MIA 117]

15 hours ago, dusty_jewels said:

With this new information, I might go back home when my ESTA ends, keeping in line with the original visitor intent. I've just asked an immigration lawyer, will see how this goes! Thank you for letting me know. Glad I posted here.

From my understanding, if you are married to a US citizen, working without authorization is forgiven.
If you go back home, you will have to do consular processing which will mean that you and your husband will probably be separated for a long period of time.
Why not just stay and AOS inside the US and be with your husband since you can? As long as you did not have plans to get married when you entered the US and didn't misrepresent yourself, you can AOS and there should not be any problems. 

[dusty_jewels 6]

3 hours ago, YYZ&MIA said:

From my understanding, if you are married to a US citizen, working without authorization is forgiven.
If you go back home, you will have to do consular processing which will mean that you and your husband will probably be separated for a long period of time.
Why not just stay and AOS inside the US and be with your husband since you can? As long as you did not have plans to get married when you entered the US and didn't misrepresent yourself, you can AOS and there should not be any problems. 

I don't know if it's OK to say this, lol, but big hugs to you @YYZ&MIA! That is what I have researched and found out too. And that's what my lawyer says too.

 

The only thing I have to change is that I did have plans to get married but no intention of staying because I genuinely thought that I couldn't overstay until I came in and researched all of this. I told the immigration officer that I couldn't overstay anyway, he refused to see proof that I was leaving the country and let me in with a warning.

 

What about yourself? Curious to know your story too. 🙂

[YYZ&MIA 117]

1 hour ago, dusty_jewels said:

I don't know if it's OK to say this, lol, but big hugs to you @YYZ&MIA! That is what I have researched and found out too. And that's what my lawyer says too.

 

The only thing I have to change is that I did have plans to get married but no intention of staying because I genuinely thought that I couldn't overstay until I came in and researched all of this. I told the immigration officer that I couldn't overstay anyway, he refused to see proof that I was leaving the country and let me in with a warning.

 

What about yourself? Curious to know your story too. 🙂

Ha- our story is a tragic love story: long story short, we had the option of doing AOS and due to some bad lawyer advice, I left the USA and went the consular route which has been going on for almost 3 years and I havent seen my wife for 2 years. I regret not going the AOS route every single day.

Coming to the states to get married is not illegal and if you disclosed that to the consular officer during the inspection and was still allowed entry into the USA, then I really would not worry. Your intention was to leave but given all the terrible things going on in the world right now and all the uncertainty, plans changed and you really do not want to be separated from your husband so you decided to AOS. I think that sounds very sensible, happens all the time, and they wont give you a hard time with that. 

It is great you are consulting more than one lawyer and doing your own research plus joining this forum  Good luck! 

 

[dusty_jewels 6]

40 minutes ago, YYZ&MIA said:

Ha- our story is a tragic love story: long story short, we had the option of doing AOS and due to some bad lawyer advice, I left the USA and went the consular route which has been going on for almost 3 years and I havent seen my wife for 2 years. I regret not going the AOS route every single day.

Coming to the states to get married is not illegal and if you disclosed that to the consular officer during the inspection and was still allowed entry into the USA, then I really would not worry. Your intention was to leave but given all the terrible things going on in the world right now and all the uncertainty, plans changed and you really do not want to be separated from your husband so you decided to AOS. I think that sounds very sensible, happens all the time, and they wont give you a hard time with that. 

It is great you are consulting more than one lawyer and doing your own research plus joining this forum  Good luck! 

 

Hey, that really, really sucks. Can you visit your wife? I seen posts where people were let in on an ESTA while they had a pending green card application.

 

Also, you're from Canada, so I'm really surprised about the 3 years! I just want to say that that really sucks and I feel you. I was separated for 16 months due to COVID.

[dusty_jewels 6]

Hi, I'm recently married to a U.S. citizen and I'm applying for the green card. I'm currently on ESTA. 

 

I'm a little nervous because due to advice from an immigration lawyer to wait till after 90 days to submit our AOS and green card application, we haven't begun our green card application. My laptop, ID and passport was also stolen (recently gotten back) so that complicated matters.

 

We're using Simple Citizen to make the process easier on us.

 

But then I received this email 3 days ago from U.S. Customs and Border Protection, and it says:

 

"U.S. Customs and Border Protection (CBP) hopes you have enjoyed your stay in the United States. As a reminder, temporary visitors must comply with their terms of admission, and depart the United States on or before your admit until date. Our records show your admission will expire within the next 10 days."

 

I was planning on submitting on Day 95, but am very worried that Customs will come after me during that 5 day gap since they obviously will know that I haven't left the country. 

 

I'm doing up the application now to hopefully submit before my ESTA expires, but I don't know how long that will take, especially since I have to rush evidence of a bonifide marriage.

 

Anyone have any advice? Should I rush the application and send evidence of a bonifide marriage later?

 

Or is it still OK to submit on Day 95?

Edited October 20, 2021 by dusty_jewels

[Crazy Cat 44,427]

  The answer is the same as it was the last time you posted this question.  There was no reason to wait.  The attorney is wrong.  There is no 90 day rule for USCIS.   Unless you misrepresented yourself when you entered the US (i.e., told CBP that you were here to visit when you actually planned to marry and adjust status), there will be no issue.   File right after marriage......but before your I-94 expires.  Some of these attorneys deserve to be disbarred for giving inaccurate legal advice. 

 

You can do this yourself.

 

 

 

Edited October 20, 2021 by Crazy Cat

[JeanneAdil 7,078]

3 days ago giving u only 7 days to submit AOS and pay

unfortunately,  the receipt will not come by time u were suppose to leave

so,  keep copies of all things u will send in to show the AOS application in lieu of the receipt 

[dusty_jewels 6]

10 minutes ago, JeanneAdil said:

3 days ago giving u only 7 days to submit AOS and pay

unfortunately,  the receipt will not come by time u were suppose to leave

so,  keep copies of all things u will send in to show the AOS application in lieu of the receipt 

Thank you, very helpful. Yes this rather sucks that I have to rush this now! Got it.

Edited October 20, 2021 by dusty_jewels

[Crazy Cat 44,427]

@dusty_jewels, if you wait until after 90 days, you will be out of status with no authorized stay.  Technically, you will be removable.  The sooner you submit a proper I-485, the sooner you will have evidence of authorized stay. 

Edited October 20, 2021 by Crazy Cat

[Crazy Cat 44,427]

5 minutes ago, dusty_jewels said:

Thank you, very helpful. Yes this rather sucks that I have to rush this now! Got it.

Don't forget to file the I-131 and I-765 also.  

[dusty_jewels 6]

5 minutes ago, Crazy Cat said:

@dusty_jewels, if you wait until after 90 days, you will be out of status with no authorized stay.  Technically, you will be removable.  The sooner you submit a proper I-485, the sooner you will have evidence of authorized stay. 

Thank you. I was hoping to just submit the I-485 first to get it there on time and then get to the I-130, but they must both be filed at the same time, or at least, the I-485 won't work till the I-130 is filed?