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Marrying then adjusting status with an ESTA then overstaying? (Merged threads)

By Hoggypi in Adjustment of Status from Work, Student, & Tourist Visas

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TBoneTX Grand Master

TBoneTX   43,253

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from the K-1 Case Progress subforum to the "AOS from WS&T Visas" main forum -- question involves that phase.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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powerpuff
powerpuff

Multiple members including myself already advised that overstay is forgiven for spouses of US citizens.    Yes, you still are subject to deportation IF in unfortunate circumstances you come int

powerpuff
powerpuff

Yes, you will need an original BC for the interview.   Yes, you must include photocopies of the originals like BC and MC.   The part you quoted is NVC - national visa center which

Crazy Cat
Crazy Cat

***Like topics by OP merged***

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Crazy Cat Grand Master

Crazy Cat   39,387

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Filed: Citizen (apr) Country: Taiwan
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***Like topics by OP merged***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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  • powerpuff changed the title to Marrying then adjusting status with an ESTA then overstaying? (Merged threads)
powerpuff Mentor

powerpuff   5,919

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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Multiple members including myself already advised that overstay is forgiven for spouses of US citizens. 
 

Yes, you still are subject to deportation IF in unfortunate circumstances you come into contact with ICE. 
 

If this is causing too much worry and anxiety, perhaps it is a sign to marry, depart and pursue CR1 visa through consular processing. 

 

 

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Hoggypi Rookie

Hoggypi   1

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1 hour ago, powerpuff said:

Multiple members including myself already advised that overstay is forgiven for spouses of US citizens. 
 

Yes, you still are subject to deportation IF in unfortunate circumstances you come into contact with ICE. 
 

If this is causing too much worry and anxiety, perhaps it is a sign to marry, depart and pursue CR1 visa through consular processing. 

Thank you 

I am unsure what ICE is in this context though 

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Boiler Grand Master

Boiler   43,597

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Filed: K-1 Visa Country: Wales
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Don't go out?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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powerpuff Mentor

powerpuff   5,919

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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2 hours ago, Hoggypi said:

How could I prevent coming in contact with them? 

Whatever you do to minimize possible contact with police. Depending on a state, regular police can refer to ICE if they suspect a person is in the country unlawfully. 
 

Anyone can be stopped by the police at any time, including if you’re passenger in car so probably don’t drive or be a passenger in a car… this is just one example though 

 

 

 

 

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Boiler Grand Master

Boiler   43,597

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Filed: K-1 Visa Country: Wales
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Just now, Hoggypi said:

So it sounds like adjusting status on an ESTA is breaking the law and super risky? 

No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   39,387

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
12 minutes ago, Hoggypi said:

So it sounds like adjusting status on an ESTA is breaking the law and super risky? 

Neither.  Once a proper I-485 as the spouse of a US citizen has been submitted, you will be granted "authorized stay" in the US until the I-485 has been approved or denied.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Hoggypi Rookie

Hoggypi   1

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On 4/28/2024 at 11:54 AM, Crazy Cat said:

Neither.  Once a proper I-485 as the spouse of a US citizen has been submitted, you will be granted "authorized stay" in the US until the I-485 has been approved or denied.

Thank you for clarifying this. Today we got married, we received the marriage licence and had the ceremony however my big concern now is that my ESTA expires in 6 days and the marriage certificate will take two weeks to be ready..so what should we do now, should we still file the I-485 without the certificate? Or should we do nothing until the certificate arrives then file? By then I’ll be overstaying my ESTA

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powerpuff Mentor

powerpuff   5,919

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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You need a marriage certificate before you file AOS. There’s no other option than to wait for one. Meanwhile, I would start getting the forms and paperwork in order so it’s ready as soon as you have the marriage certificate.
 

Also, do not send originals to USCIS. Photocopies only. 

 

 

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SalishSea Grand Master

SalishSea   16,826

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Filed: Lift. Cond. (apr) Country: New Zealand
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1 hour ago, Hoggypi said:

Thank you for clarifying this. Today we got married, we received the marriage licence and had the ceremony however my big concern now is that my ESTA expires in 6 days and the marriage certificate will take two weeks to be ready..so what should we do now, should we still file the I-485 without the certificate? Or should we do nothing until the certificate arrives then file? By then I’ll be overstaying my ESTA

You cannot (and SHOULD not) attempt to file without a marriage certificate.  The petition will be denied.

 

As you were told multiple times in this thread, you will soon be out of status until you've properly filed to adjust.  

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Hoggypi Rookie

Hoggypi   1

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17 hours ago, powerpuff said:

You need a marriage certificate before you file AOS. There’s no other option than to wait for one. Meanwhile, I would start getting the forms and paperwork in order so it’s ready as soon as you have the marriage certificate.
 

Also, do not send originals to USCIS. Photocopies only. 

Thank you

 

I changed my surname upon marriage so now I’m wondering if I also need to get an updated Australian passport and drivers licence before we file for AOS?

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