jmacachor

then how come the official document says its ok to apply for adjustment of status if you meet the criteria?

here's the official statement from USCIS if anyone needs this information:

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

As long as the adjustment of status is filed before the 90-day Visa Waiver Program deadline for an immediate relative of a US citizen, everything is ok.

hmm...it says right here that its ok: If you entered the U.S. under ESTA, are an immediate relative, and live in the Ninth Circuit (Washington, Oregon, Idaho, Montana, California, Nevada, Arizona, Hawaii, Alaska, Guam and the Northern Mariana Islands), you are allowed to seek adjustment of status within the 90-day ESTA window.

We are legally married and would live in California.

I just found this incase anyone is needing the information:

What’s the bottom line? If you entered the U.S. under ESTA, are an immediate relative, and live in the Ninth Circuit (Washington, Oregon, Idaho, Montana, California, Nevada, Arizona, Hawaii, Alaska, Guam and the Northern Mariana Islands), you are allowed to seek adjustment of status within the 90-day ESTA window. Under the informal CIS guidance, you are also allowed to seek adjustment after the 90-day window as long as you haven’t been ordered removed (i.e., deported). However, the best approach would most certainly be to apply within the 90-day window, rather than rely on the informal guidance. Note that if a couple will be getting married in the U.S. the timing of the marriage is extremely important (it should take place after 60 days of the entry). Also, there are further requirements for adjustment of status, this post discusses only the ESTA-related timing issue. In short, ESTA adjustment cases can be complicated, and should probably be discussed with an attorney.

http://www.pugetsoundlegal.net/2013/07/09/i-came-to-the-u-s-on-esta-can-i-adjust-status/

Last time she came into the US with an ESTA Visa Waiver - https://esta.cbp.dhs.gov/esta/

I'm pretty sure this is ok to adjust status from...but wondering if anyone has any more info on it?

Hello, I'm a US citizen, my wife is from Estonia. She's actually had a greencard before but we decided to live a year in Estonia and had to forfeit her first greencard. We are wanting to move back to the states. Is she eligible for adjustment of status and can we file the I-130 and I-485 concurrently? I'm pretty sure that's how we did it last time.

Thanks in advanced.

or what about the option of letting the card expire while we're overseas, then re-applying for a greencard when we want to come back? would you recommend this?

thanks so much for your help.

do you know generally how long it takes to be called for an interview? why would they want to interview her?

is there any chance to postpone interviews or get them done at the us embassy in Estonia?

We don't want to give up her green card, but we also want to live in Estonia for a year.

we will definitely be around for biometrics

Hi, my wifes I-751 form isn't due until next summer, but we are already making plans on going back overseas for about a year next August 2014.

I'm planning on filing all the necessary forms right when the 90 window opens (June 6th).

I've read that once it's accepted we get a letter that extends the green card for 1 year, but theres still biometrics appointments, possible interviews, etc. My question is would it be safe to travel back to Estonia by late August and stay there for a year? Her green card expires Sept 4th 2014.

Any advice would be much appreciated!

thanks so much for the replies. My wife is estonian...ill fill out my timeline when i get the chance today.

bump, i'd appreciate someones personal experience with this if anyone has any...i've read a bunch on this subject but can't see if it's ok to get these things done earlier in the process.

Thanks!

Me and my wife are planning on travelling to the states for a little bit (perfectly legal under the visa free waiver, she'll just have to be out under 90 days)...but anyway...would it be a good idea to get her police records now? Will they still be valid in 5-6 months? And the same for the medical? Or do those have to wait until just before the interview? We will mail in the I-130 in a few days so we're thinking if we get the police records and medical now then it will save time in the future.

Also, me and my wife are planning on travelling to the states for a little bit (perfectly legal under the visa free waiver, she'll just have to be out under 90 days)...but anyway...would it be a good idea to get her police records now? Will they still be valid in 5-6 months? And the same for the medical? Or do those have to wait until just before the interview?

Thanks!

Yeah thats what I was going to do, I was just thinking if there was any benefit of sending it from within the United States.

I think I have to send it either to the Chicago Lockbox or the Phoenix Lock box since Tallinn doesnt have a USCIS field office. But I'm wondering if it would be better to send it to Chicago from Estonia, or to Phoenix from California.

So I finally have everything ready to send in for the I-130 forms but I'm wondering if I should send it in from Estonia (where I'm located right now, I'm american, my wife estonian) or should I have my parents send the package in from California, where we intend to end up.

Is there a benefit either way? I read that sending in from California we'd have to send the the lockbox facility in Arizona.

What does everyone think?

Hi, i'm interested in this info too...I'm sending my papers from Estonia but want all the NOA forms sent to California. Anyone know where to state this in the initial i-130 packet?

Still trying to find out...I can't find any clear cut info on this anywhere, unless I'm just blind. I'd really appreciate some personal experience from someone.

Happy holidays!

bump

Hi, I am sending in the I-130 package from Estonia, but I would like them to send all NOA forms to my address in California. Should I state this on the cover letter?

I am sending in the package from Estonia, but I would like them to send all NOA forms to my address in California. Should I state this on the cover letter?

thanks so much for everyones help...its been a godsend!

Would it be ok for my Dad to do the money order from California, and just scan and send me the receipt, then I print it out and put it with the package? I didn't see any info about this on the page.

ah yeah sorry i-130...i've been doing a million things lately !

Anyway, I looked at the site and it says we can do a money order but it doesn't give details? Should we just send it to the same address that we are sending all the forms?

again, thanks so much for everyones help. It's taking the stress down immensely!