Visa expiration approaching and not yet ready to file!

[Luke R 2]

Hey! 👋
 

First off - this is my debut post on this forum, so please forgive me for any errors or etiquette failures!

 

My question is - I hope - somewhat simple. I entered the US in mid March, and now-fiancé proposed in late April, a few days before I was due to head home to the UK. At this point we looked into our options more closely and - long story short - have chosen to marry and file to adjust  my status. I’m fortunate that I am self-employed and so, while I understand that I cannot work here until receiving the permit, I was far more free than many people to make this unexpected move. 
 

Anyways…! My ESTA 90-days of permitted stay are up on June 10th, and I have just received an email from Border Control asking me to leave by this date or earlier (photo attached). I’m a little concerned, since my fiancé and I are not due to marry until June 5th, and then I’ll need a few days to get all the final filing together (it’s around 80% done). Thus there’s a decent chance that the USCIS won’t receive this by June 10th. My question is do I need to (or can I) let the CBP know in any way that I am planning to adjust my status? I don’t want it to seem as though I am ignoring their emails requesting me to leave by June 10. 
 

Any advice is appreciated… I’m just a little concerned since receiving this email. 
 

Thank you!

Luke

[Dashinka 23,405]

Just get married and file the AOS as soon as you can.  No need to notify USCIS.

 

Good Luck!

[Mike E 11,730]

9 hours ago, Luke R said:

and now-fiancé proposed in late April, a few days before

Is your fiance a U.S. citizen?

 

9 hours ago, Luke R said:

Thus there’s a decent chance that the USCIS won’t receive this by June 10th

That’s not good. You will be out of status with no authorized presence (until I-485 is received) and your ESTA privilege will be gone forever. So if you decide to continue down this path, then when it comes to I-130 and I-485, failure is not on option.

 

Get I-485 there by June 9. Get married in Vegas today or tomorrow ( @Loren Y is hopefully available to make this part seamless). 
 

Start filling out forms:  https://www.visajourney.com/guides/i130-spouse-inside-usa/ 

 

[Loren Y 2,745]

Hello, If you can get to Las Vegas any morning I can get you married with certificate in hand within an hour. License is a little over 100 dollars, copies of the certificate are 20 dollars each. I don't charge VJ members for my services, so it is a pretty reasonable and quick way to get a certificate in hand. I have had people get the certificate and have their package ready to mail, and they have mailed it the same day. Message me for my contact information, and I can give you more information.

[Chancy 6,233]

*** Moved from AOS Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

11 hours ago, Luke R said:

do I need to (or can I) let the CBP know in any way that I am planning to adjust my status?

 

No need to notify CBP.  They even say explicitly in the email address "DoNotReply".

 

[Redro 4,602]

20 hours ago, Luke R said:

Hey! 👋
 

First off - this is my debut post on this forum, so please forgive me for any errors or etiquette failures!

 

My question is - I hope - somewhat simple. I entered the US in mid March, and now-fiancé proposed in late April, a few days before I was due to head home to the UK. At this point we looked into our options more closely and - long story short - have chosen to marry and file to adjust  my status. I’m fortunate that I am self-employed and so, while I understand that I cannot work here until receiving the permit, I was far more free than many people to make this unexpected move. 
 

Anyways…! My ESTA 90-days of permitted stay are up on June 10th, and I have just received an email from Border Control asking me to leave by this date or earlier (photo attached). I’m a little concerned, since my fiancé and I are not due to marry until June 5th, and then I’ll need a few days to get all the final filing together (it’s around 80% done). Thus there’s a decent chance that the USCIS won’t receive this by June 10th. My question is do I need to (or can I) let the CBP know in any way that I am planning to adjust my status? I don’t want it to seem as though I am ignoring their emails requesting me to leave by June 10. 
 

Any advice is appreciated… I’m just a little concerned since receiving this email. 
 

Thank you!

Luke

Where are you getting married? Have you confirmed you will receive the marriage certificate same day?

I'm just double checking because some counties take a few weeks to issue the certificate USCIS requires while other counties will issue everything same day. 

I would go the @Loren Y route if things will be cut too close. 

Congrats on deciding to get married! And hopefully your process will go quickly and smoothly. 

[SalishSea 16,965]

3 minutes ago, Redro said:

Where are you getting married? Have you confirmed you will receive the marriage certificate same day?

I'm just double checking because some counties take a few weeks to issue the certificate USCIS requires while other counties will issue everything same day. 

I would go the @Loren Y route if things will be cut too close. 

Congrats on deciding to get married! And hopefully your process will go quickly and smoothly. 

Good point.   We married in Washington state on a K-1.   The officiant was required to submit the documentation herself (vs us doing it), so between that, and the time it took for the certified marriage cert to be available to us, I think it was at least three weeks.

[Luke R 2]

Hi all! Thank you for the replies 😁

 

10 hours ago, Mike E said:

Is your fiance a U.S. citizen?

 

That’s not good. You will be out of status with no authorized presence (until I-485 is received) and your ESTA privilege will be gone forever. So if you decide to continue down this path, then when it comes to I-130 and I-485, failure is not on option.

 

Get I-485 there by June 9. Get married in Vegas today or tomorrow ( @Loren Y is hopefully available to make this part seamless). 
 

Start filling out forms:  https://www.visajourney.com/guides/i130-spouse-inside-usa/ 

 

My fiancé is a U.S. citizen, yes! Regrettably we are too far from Vegas to get there and marry in the next few days. However I have taken your advice and completed all the remaining filing today. The marriage certificate will be the final touch now (except for the medical examination, which I am planning to submit later in the interests of time).

 

27 minutes ago, Redro said:

Where are you getting married? Have you confirmed you will receive the marriage certificate same day?

I'm just double checking because some counties take a few weeks to issue the certificate USCIS requires while other counties will issue everything same day. 

I would go the @Loren Y route if things will be cut too close. 

Congrats on deciding to get married! And hopefully your process will go quickly and smoothly. 

Thanks for this too - I didn’t even consider that we may not receive it the same day! But I have just looked at the NYC website information and fortunately they do indeed provide the certificate at the conclusion of the ceremony, provided that it is held in the City Clerk's Office (which ours will be, thankfully!)

 

So my plan is to spend the coming days finalizing and printing the complete application, ready to send it off to USCIS on June 6th (the day after we marry) with priority mail. That way they should receive the file before June 10th, I believe. This means that we won’t be able to include honeymoon pictures etc. in our relationship evidence, but hopefully I can provide these at interview, if needed.

 

Many thanks again for all your help!

[Redro 4,602]

4 minutes ago, Luke R said:

Hi all! Thank you for the replies 😁

 

My fiancé is a U.S. citizen, yes! Regrettably we are too far from Vegas to get there and marry in the next few days. However I have taken your advice and completed all the remaining filing today. The marriage certificate will be the final touch now (except for the medical examination, which I am planning to submit later in the interests of time).

 

Thanks for this too - I didn’t even consider that we may not receive it the same day! But I have just looked at the NYC website information and fortunately they do indeed provide the certificate at the conclusion of the ceremony, provided that it is held in the City Clerk's Office (which ours will be, thankfully!)

 

So my plan is to spend the coming days finalizing and printing the complete application, ready to send it off to USCIS on June 6th (the day after we marry) with priority mail. That way they should receive the file before June 10th, I believe. This means that we won’t be able to include honeymoon pictures etc. in our relationship evidence, but hopefully I can provide these at interview, if needed.

 

Many thanks again for all your help!

I know a couple of people who submitted I-130s day after their wedding day. You should be fine. Especially if you have great evidence of time spent together before the wedding day. It is great you are able to get the certificate same day! Congrats again! Hope your EAD and AP arrive soon. If you're in NYC you might not be as hampered as others by the inability to drive. So, that is another plus in your corner! 

[SalishSea 16,965]

17 minutes ago, Luke R said:

Hi all! Thank you for the replies 😁

 

My fiancé is a U.S. citizen, yes! Regrettably we are too far from Vegas to get there and marry in the next few days. However I have taken your advice and completed all the remaining filing today. The marriage certificate will be the final touch now (except for the medical examination, which I am planning to submit later in the interests of time).

 

Thanks for this too - I didn’t even consider that we may not receive it the same day! But I have just looked at the NYC website information and fortunately they do indeed provide the certificate at the conclusion of the ceremony, provided that it is held in the City Clerk's Office (which ours will be, thankfully!)

 

So my plan is to spend the coming days finalizing and printing the complete application, ready to send it off to USCIS on June 6th (the day after we marry) with priority mail. That way they should receive the file before June 10th, I believe. This means that we won’t be able to include honeymoon pictures etc. in our relationship evidence, but hopefully I can provide these at interview, if needed.

 

Many thanks again for all your help!

You won’t need that stuff until it’s time for your AOS interview.

 

Also- you’ll want to keep in mind that you won’t be able to work or travel for up to 8 months, as that’s how long the EAD and AP can take.

[Dashinka 23,405]

8 hours ago, Luke R said:

Hi all! Thank you for the replies 😁

 

My fiancé is a U.S. citizen, yes! Regrettably we are too far from Vegas to get there and marry in the next few days. However I have taken your advice and completed all the remaining filing today. The marriage certificate will be the final touch now (except for the medical examination, which I am planning to submit later in the interests of time).

 

Thanks for this too - I didn’t even consider that we may not receive it the same day! But I have just looked at the NYC website information and fortunately they do indeed provide the certificate at the conclusion of the ceremony, provided that it is held in the City Clerk's Office (which ours will be, thankfully!)

 

So my plan is to spend the coming days finalizing and printing the complete application, ready to send it off to USCIS on June 6th (the day after we marry) with priority mail. That way they should receive the file before June 10th, I believe. This means that we won’t be able to include honeymoon pictures etc. in our relationship evidence, but hopefully I can provide these at interview, if needed.

 

Many thanks again for all your help!

You should be fine.  You can take photos of the ceremony and time after the wedding (honeymoon or other trips) with you to the interview when that occurs.  You don't need these to submit the package.

 

Good Luck!