Married on ESTA + AOS

[E&G 2]

Hey guys,

 

So my girlfriend is visiting me (USC) in the U.S right now. We initially wanted to get married, and then have her leave, then do a CR1 Visa to bring her here.

 

But after talking to some people, they said that she could stay after getting married and we could do an Adjustment of Status?

 

I have a couple of questions if you don't mind.

 

1) Is it legal for her to stay and do the adjustment of status?

 

2) How early in the process do I have to submit an i-864, affidavit of support? I'm currently unemployed but should be employed soon.

 

3) I've heard if you're doing the marriage + aos, you should have your marriage after the 90 days (ESTA) expires or something?

 

4) How long after the marriage would we need to begin the AOS process?

Edited June 23, 2023 by E&G

[Crazy Cat 41,975]

8 minutes ago, E&G said:

Hey guys,

 

So my girlfriend is visiting me (USC) in the U.S right now. We initially wanted to get married, and then have her leave, then do a CR1 Visa to bring her here.

 

But after talking to some people, they said that she could stay after getting married and we could do an Adjustment of Status?

 

I have a couple of questions if you don't mind.

 

1) Is it legal for her to stay and do the adjustment of status?

 

2) How early in the process do I have to submit an i-864, affidavit of support? I'm currently unemployed but should be employed soon.

 

3) I've heard if you're doing the marriage + aos, you should have your marriage after the 90 days (ESTA) expires or something?

 

4) How long after the marriage would we need to being the AOS process?

1.. As long as she didn't misrepresent herself when entering the US, she can apply for adjustment of status after marriage.

2.  You must submit an I-864 when she applies for adjustment of status.

3.  False.  There is no 90 day rule.You need to marry and submit proper I-130, I-485, I-131, I-765 packages before her I-94 expires.

4.  As soon as possible.  Follow this guide.

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Be aware that she cannot work in any capacity or leave the US (for any reason) for up to 8 months......She will need an approved EAD and Advance Parole document.

Edited June 23, 2023 by Crazy Cat

[Mike E 11,740]

1. Yes

 

2. Now

 

3. 90 day rule is an urban myth. Do NOT file I-485 after her authorized stay expires

 

4. Immediately and at least 4 weeks before her authorized stay expires.

 

 

[Boiler 45,651]

Yes

 

Joint sponsor

 

Heard wrong

 

ASAP 

[E&G 2]

23 minutes ago, Crazy Cat said:

1.. As long as she didn't misrepresent herself when entering the US, she can apply for adjustment of status after marriage.

2.  You must submit an I-864 when she applies for adjustment of status.

3.  False.  There is no 90 day rule.You need to marry and submit proper I-130, I-485, I-131, I-765 packages before her I-94 expires.

4.  As soon as possible.  Follow this guide.

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Be aware that she cannot work in any capacity or leave the US (for any reason) for up to 8 months......She will need an approved EAD and Advance Parole document.

Sorry, what is the  I-94? She came here on an ESTA.

[E&G 2]

14 minutes ago, Boiler said:

Yes

 

Joint sponsor

 

Heard wrong

 

ASAP 

Is there a form that details the responsibilities of a joint sponser? i.e how long they have to be a sponser, how much income they must have etc. 

[Boiler 45,651]

6 minutes ago, E&G said:

Is there a form that details the responsibilities of a joint sponser? i.e how long they have to be a sponser, how much income they must have etc. 

I 864

8 minutes ago, E&G said:

Sorry, what is the  I-94? She came here on an ESTA.

Now on line 

[E&G 2]

How long until she can starting working?

How long until she can travel back home? 

[Boiler 45,651]

12 minutes ago, E&G said:

How long until she can starting working?

How long until she can travel back home? 

Assume 8 months after filing and keep your fingers crossed 

[Crazy Cat 41,975]

20 minutes ago, E&G said:

How long until she can starting working?

How long until she can travel back home? 

Read my first post...

[Daphne . 1,886]

29 minutes ago, E&G said:

How long until she can starting working?

How long until she can travel back home? 

These are the important things to think about. AOS always seems like a great idea until it doesn’t.. She’ll not be working or leaving for a while, could be only a couple of months, could be more than a few. 
 

Think long and hard about this, because you might both be thrilled about the possibility of her being able to stay for now, but the reality might not be as much fun..

 

If she has savings or is independently wealthy, great! If she is used to being independent and now has to rely on you for everything she needs, not great! 

Edited June 23, 2023 by Daphne .

[VinnyH 61]

1. It is legal to stay and adjust status if that was not her intent initially when she entered the U.S. to stay and adjust status.

 

Plans change and life happens, so a tourist who enters the U.S. initially for tourism (with no immigrant intent so far) and meets by chance the love of his/her life and happens to marry by the end of the 90-days granted by the ESTA can totally do the AOS once married.

 

In your case however, you and your fiancée clearly have the immigrant intent for her even before she arrived in the U.S., therefore it is totally illegal.

 

When your fiancée arrives to the U.S. POE, the CBP agent will likely ask her the reason of her visit.

 

She can say she is here to marry, or lie and says she is here for tourism purposes or visit you as a "friend". The CBP agent may get suspicious and asks what your relationship to her you are, and if it is discovered that you are engaged, then she will be under scrutiny, because although coming to get married is not illegal, the CBP is always concerned whether she will leave.

 

So if she decided to be honest from the beginning and say she is here to get married, they will assess whether her plan to leave after the wedding. Two options:

 

A. Be honest and say you intend to adjust status: she will be denied entry and sent back. You can still go with the CR1 option in her own country.

 

B. She lies and is admitted. You get married and do AOS.

 

So indeed, she can always lie, and this is a serious misrepresentation. It might never get caught and you will be fine. But a lie remains a lie and it can always come back and bite her in the butt later on, especially when/if she decides to apply for citizenship when the USCIS will look at all the timeline, and you might be questioned to explain yourself. Or the USCIS might not care at all.

 

At the end of the day, it is about doing the right thing and a question of ethics, moral and following the law.

 

You are the one making the decisions.

 

 

[Boiler 45,651]

7 minutes ago, VinnyH said:

1. It is legal to stay and adjust status if that was not her intent initially when she entered the U.S. to stay and adjust status.

 

Plans change and life happens, so a tourist who enters the U.S. initially for tourism (with no immigrant intent so far) and meets by chance the love of his/her life and happens to marry by the end of the 90-days granted by the ESTA can totally do the AOS once married.

 

In your case however, you and your fiancée clearly have the immigrant intent for her even before she arrived in the U.S., therefore it is totally illegal.

 

When your fiancée arrives to the U.S. POE, the CBP agent will likely ask her the reason of her visit.

 

She can say she is here to marry, or lie and says she is here for tourism purposes or visit you as a "friend". The CBP agent may get suspicious and asks what your relationship to her you are, and if it is discovered that you are engaged, then she will be under scrutiny, because although coming to get married is not illegal, the CBP is always concerned whether she will leave.

 

So if she decided to be honest from the beginning and say she is here to get married, they will assess whether her plan to leave after the wedding. Two options:

 

A. Be honest and say you intend to adjust status: she will be denied entry and sent back. You can still go with the CR1 option in her own country.

 

B. She lies and is admitted. You get married and do AOS.

 

So indeed, she can always lie, and this is a serious misrepresentation. It might never get caught and you will be fine. But a lie remains a lie and it can always come back and bite her in the butt later on, especially when/if she decides to apply for citizenship when the USCIS will look at all the timeline, and you might be questioned to explain yourself. Or the USCIS might not care at all.

 

At the end of the day, it is about doing the right thing and a question of ethics, moral and following the law.

 

You are the one making the decisions.

 

 

3 hours ago, E&G said:

Hey guys,

 

So my girlfriend is visiting me (USC) in the U.S right now. We initially wanted to get married, and then have her leave, then do a CR1 Visa to bring her here.

 

But after talking to some people, they said that she could stay after getting married and we could do an Adjustment of Status?

OP in first post said that was not their intent.

Edited June 23, 2023 by Boiler

[VinnyH 61]

6 minutes ago, Boiler said:

 

 

OP in first post said that was not their intent.

Indeed, but the OP asked about coming to get married and do the AOS, so the idea is there and if they proceed with that plan, there is clearly intent now.

 

What counts is the intent at the POE when OP's fiancée arrives in the U.S.

 

The mere fact that we are discussing this topic here provides the proof of intent.

 

Now, from a legal standpoint, it's gonna be hard to prove the intent, but let's be serious and honest here. Not here to police anyone, just providing my opinion.

 

 

[Boiler 45,651]

Just now, VinnyH said:

Indeed, but the OP asked about coming to get married and do the AOS, so the idea is there and if they proceed with that plan, there is clearly intent now.

 

What counts is the intent at the POE when OP's fiancée arrives in the U.S.

 

The mere fact that we are discussing this topic here provides the proof of intent.

 

Now, from a legal standpoint, it's gonna be hard to prove the intent, but let's be serious and honest here. Not here to police anyone, just providing my opinion.

OP joined 2 days ago, so if there is a prior history obviously I do not have access to it. Different Username?

 

I have no objection to you supplying your opinion, we are all free to enjoy the site, the only issue I have is that you implied your opinion was fact.