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

[Hoggypi 1]

23 minutes ago, Boiler said:

First question has been answered.

 

You file them together.

 

Have you considered using a Lawyer?

I was advised earlier though to file the I-130 first so I can get a visa number then the I-485 after 

 

We will definitely get a lawyer, I am aware of how little I know about the process and we want to make sure we’re doing everything right 

[powerpuff 5,962]

48 minutes ago, Hoggypi said:

I’m still learning and reading everything I can and came across this (I attached a photo). I am confused, does it mean if I file the I-485 after my 90 day ESTA expires then I’ll be denied since I’m in unlawful status? I can’t really do anything for about two weeks while I wait for my marriage certificate to come through and by then I’ll be over my 90 days.

I have already mentioned that spouses of US citizens are forgiven for overstay.

 

49 minutes ago, Hoggypi said:

Or does it mean I should file both the I-130 and I-485 concurrently? But if I do that then I’m unsure how I’ll get a visa number to put on my I-485 (since I am pretty sure I receive a visa number after filing the I-130)?

This has also been answered earlier by Crazy Cat. Visa number availability is not applicable to immediate relatives of US citizens.

 

File both concurrently. I also second advice on finding a good lawyer.

[Hoggypi 1]

On 5/1/2024 at 4:04 AM, Crazy Cat said:

National Visa Center is not involved in an Adjustment of Status case.  You will not be receiving a visa.

Thank you 

on one of the forms it asks for my country of citizenship so I wrote Australia, but I also have UK citizenship which I wrote on the second line. I’m wondering if I need to therefore include a copy of my UK passport too even though I’ve never lived there ( I’m a citizen through parents)? Also on a different form it asks for my citizenship but there’s only one line so I’m unsure if I should fit both Australia and the UK on the same line?

[OldUser 5,050]

On 5/4/2024 at 11:34 AM, Hoggypi said:

Thank you 

on one of the forms it asks for my country of citizenship so I wrote Australia, but I also have UK citizenship which I wrote on the second line. I’m wondering if I need to therefore include a copy of my UK passport too even though I’ve never lived there ( I’m a citizen through parents)? Also on a different form it asks for my citizenship but there’s only one line so I’m unsure if I should fit both Australia and the UK on the same line?

Always list all citizenships. List Australia first since you have passport and that's the citizenship you use to enter the US. You can include scans of other passports with submission. Australian is a must.

[Hoggypi 1]

On 5/5/2024 at 12:17 PM, OldUser said:

Always list all citizenships. List Australia first since you have passport and that's the citizenship you use to enter the US. You can include scans of other passports with submission. Australian is a must.

Thank you 

[Hoggypi 1]

On 5/5/2024 at 12:17 PM, OldUser said:

Always list all citizenships. List Australia first since you have passport and that's the citizenship you use to enter the US. You can include scans of other passports with submission. Australian is a must.

Do you think if I don’t include a scan of my UK passport then the application will be denied? It’s just because my passport is in Australia hidden away and I’d need to inconvenience someone to retrieve it and scan it for me 

[OldUser 5,050]

46 minutes ago, Hoggypi said:

Do you think if I don’t include a scan of my UK passport then the application will be denied? It’s just because my passport is in Australia hidden away and I’d need to inconvenience someone to retrieve it and scan it for me 

You likely won't get denied, but you may receive RFE or asked for it during interview if you have one. The worst thing you can do is not declare it on the forms.

[Hoggypi 1]

6 minutes ago, OldUser said:

You likely won't get denied, but you may receive RFE or asked for it during interview if you have one. The worst thing you can do is not declare it on the forms.

Thank you