If I file before my ESTA 90 days but the NOA is after the 90 days, what happens?

[HelpMeToBeMe 0]

Planning on marrying my US girlfriend on the 85th day of my ESTA and submitting I-485 and all the other documents on the same day. We will be able to get marriage certificate on the same day and then file everything and send it via FedEx overnight delivery.

 

I am worried that it may take more than 5 days to receive my NOA/notice (I'm not sure on the correct wording) from USCIS and that by the time I receive the notification, I will be out of status and illegally staying in the US (!)

 

Has anyone faced a similar situation?

What happens if I do not receive the NOA until after the 90 days?

Will this look bad during the interview?

[powerpuff 5,990]

22 minutes ago, HelpMeToBeMe said:

What happens if I do not receive the NOA until after the 90 days?

Nothing, unless you encounter law enforcement/CBP

 

23 minutes ago, HelpMeToBeMe said:

Will this look bad during the interview?

No 

[Mike E 11,727]

49 minutes ago, HelpMeToBeMe said:

Planning on marrying my US girlfriend on the 85th day

 

When is the 85th day?

 

49 minutes ago, HelpMeToBeMe said:

Has anyone faced a similar situation?

 

 

 

49 minutes ago, HelpMeToBeMe said:

What happens if I do not receive the NOA until after the 90 days?

 

ESTA is likely gone forever. 
 

49 minutes ago, HelpMeToBeMe said:

Will this look bad during the interview?

 

 

No

[HelpMeToBeMe 0]

From what I understand the ESTA is not gone forever unless I am in a situation where the CBP / US authorities need to check my documents?

[Crazy Cat 39,692]

15 hours ago, HelpMeToBeMe said:

From what I understand the ESTA is not gone forever unless I am in a situation where the CBP / US authorities need to check my documents?

If you overstay, ESTA is gone.......automatically....and forever.  That's the price everyone pays for abusing the privilege given by the US.

Edited August 1, 2023 by Crazy Cat

[HelpMeToBeMe 0]

Quote

22 minutes ago, Crazy Cat said:

If you overstay, ESTA is gone.......automatically....and forever.  That's the price for abusing the privilege given to you by the US.

 

 

Understood that may happen. I'm more concerned that I'll be prosecuted or deported if my I-485 and other documents arrive after the 90 day mark.

 

Simply put, will anything happen to me if I file before the 90 day mark but receive my notice after the 90 day mark?

[Crazy Cat 39,692]

3 minutes ago, HelpMeToBeMe said:

 

Understood that may happen. I'm more concerned that I'll be prosecuted or deported if my I-485 and other documents arrive after the 90 day mark.

 

Simply put, will anything happen to me if I file before the 90 day mark but receive my notice after the 90 day mark?

Of course, it could happen.  You will have no evidence of authorized stay in the US until you get proof that a proper I-485 was filed. 

[Redro 4,602]

2 hours ago, HelpMeToBeMe said:

 

Understood that may happen. I'm more concerned that I'll be prosecuted or deported if my I-485 and other documents arrive after the 90 day mark.

 

Simply put, will anything happen to me if I file before the 90 day mark but receive my notice after the 90 day mark?

Read the thread @Mike E posted above:

This is what miiiiight happen if you do not have proof of status after 90 day mark. 

If your marriage does not work out - and you never receive the GC then ESTA is gone forever. You won't be able to visit the US on a whim. Instead you will have to apply for a tourist visa. 

[WaterLeaf 199]

You can stay at home and have your spouse to do a few things like grocery shopping and such, until you get your NOA.

As long you get your NOA, you'll be fine. Don't stress too much, just be careful.

[chrissandra 59]

Out of curiosity…why do you have to wait for day 85? Why can’t you marry earlier and avoid all the stress? It’s quite obvious you are going to marry 🤷🏻‍♀️

[beloved_dingo 1,939]

If you are waiting until 85 days because of some "90 day rule" that you heard, it is a myth. 

 

Marry and file the package ASAP. Even if you have a wedding planned on day 85, there is nothing stopping you from going to a courthouse ASAP and getting legally married so you can file for AOS as quickly as possible, and still have the wedding celebration on the planned date.