Croatian came in US on Visa Waiver Program (ESTA) and got married ! Anyone had similar experience, please help?

[Kolarka 2]

Hi guys! I came in US on Visa Waiver Program (touristic visit - 90 days) to visit my boyfriend here.  I bought return ticket, to go back in Ireland ( where I was a resident for the last 3 years), but after a while my boyfriend and I decide to stay together here, and stop long-distance relationship, so I didn't use my return ticket and we got married literally on my 89 day. We are living together from the first day, it is a real Bona Fide marriage , we just wanted to be together!  I heard I could have problems because of that, even though you have right to get married when and where you want, as long as I can prove that I didn't have intension to stay here or get married when I entered US ! Did someone had similar experience? Can you tell me how to deal with that and how I can prove that We both decide that while I was here!  Also , does Immigration ask for tax returns or something to see your past income from outside the US, in this case Ireland ?  I don't work there anymore obviously , so I should just list all my jobs in last 5 years on Form I- 130 ( all of them was outside of US) and that is enough?

Thanks in advance, wish you all good luck!  

[beloved_dingo 1,979]

32 minutes ago, Kolarka said:

Hi guys! I came in US on Visa Waiver Program (touristic visit - 90 days) to visit my boyfriend here.  I bought return ticket, to go back in Ireland ( where I was a resident for the last 3 years), but after a while my boyfriend and I decide to stay together here, and stop long-distance relationship, so I didn't use my return ticket and we got married literally on my 89 day. We are living together from the first day, it is a real Bona Fide marriage , we just wanted to be together!  I heard I could have problems because of that, even though you have right to get married when and where you want, as long as I can prove that I didn't have intension to stay here or get married when I entered US ! Did someone had similar experience? Can you tell me how to deal with that and how I can prove that We both decide that while I was here!  Also , does Immigration ask for tax returns or something to see your past income from outside the US, in this case Ireland ?  I don't work there anymore obviously , so I should just list all my jobs in last 5 years on Form I- 130 ( all of them was outside of US) and that is enough?

Thanks in advance, wish you all good luck!  

Your situation is not unique so it would be worth your time to view the guide relevant to your situation: https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

Were you honest with the CBP officer upon entering the country? 

 

[JeanneAdil 6,539]

they don't need to see income statements from outside the US 

[Verrou 1,962]

45 minutes ago, Kolarka said:

Hi guys! I came in US on Visa Waiver Program (touristic visit - 90 days) to visit my boyfriend here.  I bought return ticket, to go back in Ireland ( where I was a resident for the last 3 years), but after a while my boyfriend and I decide to stay together here, and stop long-distance relationship, so I didn't use my return ticket and we got married literally on my 89 day. We are living together from the first day, it is a real Bona Fide marriage , we just wanted to be together!  I heard I could have problems because of that, even though you have right to get married when and where you want, as long as I can prove that I didn't have intension to stay here or get married when I entered US ! Did someone had similar experience? Can you tell me how to deal with that and how I can prove that We both decide that while I was here!  Also , does Immigration ask for tax returns or something to see your past income from outside the US, in this case Ireland ?  I don't work there anymore obviously , so I should just list all my jobs in last 5 years on Form I- 130 ( all of them was outside of US) and that is enough?

Thanks in advance, wish you all good luck!  

dont worry, people got married, it happened. now just collect evidences of cohabitation and congrats !

tax return only for ur spouse. is he USC or LPR?

[Kolarka 2]

5 minutes ago, Misscloud said:

dont worry, people got married, it happened. now just collect evidences of cohabitation and congrats !

tax return only for ur spouse. is he USC or LPR?

Thank you! I am so stress right now... He is US citizen, born in US.

[Verrou 1,962]

Just now, Kolarka said:

Thank you! I am so stress right now... He is US citizen, born in US.

save ur energy. it's too early to stress right now 

and congrats !

[Kolarka 2]

13 minutes ago, JeanneAdil said:

they don't need to see income statements from outside the US 

Thank you, that is great! At least something they don't need to see  

[Kolarka 2]

2 minutes ago, Misscloud said:

save ur energy. it's too early to stress right now 

and congrats !

haha Thanks

[Kolarka 2]

23 minutes ago, beloved_dingo said:

Your situation is not unique so it would be worth your time to view the guide relevant to your situation: https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

Were you honest with the CBP officer upon entering the country? 

 

Thank you! I will look everything I possible can!   To be honest CBP officer in Dublin Airport didn't ask me to  much. Just do I go to work or for a visit, and I said for a visit and that's it!

[SalishSea 17,915]

9 minutes ago, Kolarka said:

Thank you! I will look everything I possible can!   To be honest CBP officer in Dublin Airport didn't ask me to  much. Just do I go to work or for a visit, and I said for a visit and that's it!

That makes it sound like you had planned to marry and adjust status……

 

you will want to educate yourselves on the process of adjusting status, EAD/AP, and the sponsorship requirements.   It will be up to 8 months before you can work or travel, and since your I-94 is expired, you will not be able to get an SSN until you are in status.   

Edited June 8, 2022 by Jorgedig

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum ***

 

[Daphne . 1,886]

You should be fine, things change sometimes! So no worries there.

 

The HUGE downfall of adjusting status (which is what you are doing now) is that you will not be able to leave the US for 6-9 months (so if there is an emergency 'back home', or a wedding, or even if you get a little homesick, you will not be able to leave) and you will also not be able to work either. 

 

I know that this may not seem like a big deal now but just be prepared that this can get tough. Wishing you all the best!

 

[bbutcher91 3]

Howdy, 

 

Congratulations.

 

Some good news: USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders | USCIS

 

We are about 2.5 months into (since we recieved initial NOA) the same process (ESTA -> AOS) and my wife has already recieved her work permit. We are in the Portland, Oregon jurisdiction. I hope that you two are fortunate enough to have a similiar timeline. It seems that USCIS has seperated the work permit and travel permit and put focus on the work permits. Still no word on the travel permit, our fingers are crossed.

 

Brian

Edited June 8, 2022 by bbutcher91

[ghostinthemachine 75]

You're good as your husband is a USC. I went through the same with my husband last year/this year. Just have a read of the guides on VJ as well as the USCIS guidance for each petition and then file the 485/130 (and also 131/765 for work and potential out of the country travel in case the GC takes forever). It's really not too difficult overall as long as you follow the above.

 

We got married a few days before my I-94 expired and then filed for everything about 6 weeks later. No lawyer, just meticulously organised everything ourselves. The forum here and also some fb groups and/or reddit are really useful resources in case you do run into any issues - most questions have honestly been answered over and over so you'd be able to search for it, unless you situation is something incredibly specific.

 

Good luck & congrats on your marriage!

[brii 34]

I had a friend do this, I think as long as your intent of your trip wasn't too get married and the CBP is aware of that, then you should be fine. Life happens, things happen. I wish you good luck on your future endeavors!