ESTA adjustment?

[ros4u 3]

5 hours ago, Cw1977 said:

Does he have a job in his home country? A car? A house/rent?

 

Yes, he does have a job and a house. How does it help us in our car? Thank you 

 

[ros4u 3]

7 hours ago, JD2 said:

May I suggest getting married now while y'all are together and filing for a CR-1 visa.  You can still visit on ESTA during the process for up to 3 months at a time.  My brother's wife did that from the UK and it went smoothly.  Adjustment is also a possibility assuming you did not intend to adjust before you came but the downside is the many months waiting for the work permit and not being able to leave the US while waiting for Advance Parole.  You can view timelines by navigating to the timelines section of Visa Journey.  I would not do the K-1.  Either adjust or do CR-1.  There's not much benefit to a K-1 over adjustment.

Thank you for your input. Yes, the main concern for us is nowadays to adjust under ESTA without any protection or for him to be deported?  thank you 

[Cw1977 219]

16 minutes ago, ros4u said:

Yes, he does have a job and a house. How does it help us in our car? Thank you 

 

I just meant cr1 (i130) might be your best option cos if you just do aos he won’t be able to leave US for many months so you’d need to figure out what happened with those things from thousands of miles away

Edited August 19 by Cw1977

[ros4u 3]

6 minutes ago, Cw1977 said:

I just meant cr1 (i130) might be your best option cos if you just do aos he won’t be able to leave US for many months so you’d need to figure out what happened with those things from thousands of miles away

Oh okay yes thanks for the advise.

[Vegas i-751 87]

Think carefully about Adjustment of Status (AOS). I was in the same position once—I got proposed to while on vacation, but I chose not to stay until I had a visa (K-1). For me, I couldn’t imagine leaving behind everything and everyone so suddenly, though that was just my personal perspective.

 

Even though I entered on a K-1 (which still requires much of the same process after arrival), I’d really encourage you and your fiance to consider the CR-1 instead. AOS can be tough—financially, because the beneficiary can’t work for a while, and even more so mentally, since it puts a lot of strain on them. Even though I’m a citizen I learnt that immigration is a marathon and not a sprint. 

Edited August 19 by Vegas i-751

[Crazy Cat 45,260]

9 hours ago, ros4u said:

Yes, he does have a job and a house. How does it help us in our car? Thank you 

 

It doesn't.  It has always seemed unusual to me that a person can come to the US for a short visit, then suddenly decide to give up all their life (job, house) in home country without the ability to work or return to home country for up to 6 or 8 months. Can he tie all the loose ends from across the ocean?  This is not a decision that everyone would jump into.  It requires a lot of consideration.

Edited August 19 by Crazy Cat

[Dashinka 26,109]

10 hours ago, ros4u said:

Thank you for your input. Yes, the main concern for us is nowadays to adjust under ESTA without any protection or for him to be deported?  thank you 

That is really not the main worry in my eyes (deportation).  If it were me it would be all about each other's life, and the effects of making a big change all at once.  As you said, he has a job, and also property, probably family, etc. that will be difficult to deal with while awaiting a GC (sure he can apply for AP, but AP is really meant for emergency travel).  I agree with the others, think about your situation now, and in the long-term, and decide what is best.  Yes, LDRs can be difficult, but in this day and age of instant video communication, plus the fact that he has ESTA privileges will make it easier, so I would also recommend going for a spousal visa.  You can get married now however you want (Vegas, Utah Zoom, Justice of the Peace, etc.), start filling out the I130 and once you have the marriage certificate in hand submit it, and then pursue consulate processing with him or you making visits when you can.  You will have time to gather marital evidence over the next 14-16 months or so that can be presented at the visa interview when it occurs.

 

Good Luck!

Edited August 19 by Dashinka

[ros4u 3]

11 hours ago, Vegas i-751 said:

Think carefully about Adjustment of Status (AOS). I was in the same position once—I got proposed to while on vacation, but I chose not to stay until I had a visa (K-1). For me, I couldn’t imagine leaving behind everything and everyone so suddenly, though that was just my personal perspective.

 

Even though I entered on a K-1 (which still requires much of the same process after arrival), I’d really encourage you and your fiance to consider the CR-1 instead. AOS can be tough—financially, because the beneficiary can’t work for a while, and even more so mentally, since it puts a lot of strain on them. Even though I’m a citizen I learnt that immigration is a marathon and not a sprint. 

Thank you. Yes, k1 seems it’s another step just to start all over again

[ros4u 3]

4 hours ago, Dashinka said:

That is really not the main worry in my eyes (deportation).  If it were me it would be all about each other's life, and the effects of making a big change all at once.  As you said, he has a job, and also property, probably family, etc. that will be difficult to deal with while awaiting a GC (sure he can apply for AP, but AP is really meant for emergency travel).  I agree with the others, think about your situation now, and in the long-term, and decide what is best.  Yes, LDRs can be difficult, but in this day and age of instant video communication, plus the fact that he has ESTA privileges will make it easier, so I would also recommend going for a spousal visa.  You can get married now however you want (Vegas, Utah Zoom, Justice of the Peace, etc.), start filling out the I130 and once you have the marriage certificate in hand submit it, and then pursue consulate processing with him or you making visits when you can.  You will have time to gather marital evidence over the next 14-16 months or so that can be presented at the visa interview when it occurs.

 

Good Luck!

Yes well it depends how they enter to the country. My main concern is deportation sadly. Yes marriage visa seems sooo long too! Thank you for the best luck wishes

[Daphne . 2,110]

14 hours ago, ros4u said:

Yes, he does have a job and a house. How does it help us in our car? Thank you 

 

If he has a settled life in the UK, it might get very tough for him during the adjustment of status process. He will be stuck without being able to work, leave the US and drive in some states. The adjustment of status process always sounds like a great idea until it doesn’t. I would really rethink this plan and think with your heads instead of your hearts, make a sensible decision. 

[ros4u 3]

10 minutes ago, Daphne . said:

If he has a settled life in the UK, it might get very tough for him during the adjustment of status process. He will be stuck without being able to work, leave the US and drive in some states. The adjustment of status process always sounds like a great idea until it doesn’t. I would really rethink this plan and think with your heads instead of your hearts, make a sensible decision. 

How long did it took you to get work permit? Yes, that’s the main thing for us. Work 

[Daphne . 2,110]

2 minutes ago, ros4u said:

How long did it took you to get work permit? Yes, that’s the main thing for us. Work 

I didn’t do the adjustment of status for this exact reason. I got married during one of my visits (also on Esta), left after my visit and we started the CR1 spousal visa process. I was able to continue to visit while that was processing, I had short 2-week visits every 3-4 months and never had issues. Once I completed the entire visa process from my home country I moved to the US and started my job 2 weeks later. No gap in my resume, no stress about work. 

[OldUser 10,383]

15 minutes ago, ros4u said:

How long did it took you to get work permit? Yes, that’s the main thing for us. Work 

Could be few months, could be never. Some people never get permit and get their green card within 3-18 months of applying. And you never know whether you'd have to wait few months or over a year to be able to work and travel internationally. I think my AP took about 5.5 months.

Edited August 19 by OldUser

[apond 58]

3 hours ago, ros4u said:

How long did it took you to get work permit? Yes, that’s the main thing for us. Work 

It was nearly a year for my spouse. Then over another for the actual greencard 

[ros4u 3]

1 hour ago, apond said:

It was nearly a year for my spouse. Then over another for the actual greencard 

What year did you apply for spousal visa? But it’s faster for k1 visas to get work permit?