Married while in US on ESTA - AOS?

[aimeelouise 0]

So I came to the US via ESTA to stay with my fiance for 3 months. During the 2nd month, we decided that as it was a certainty that this was going to happen anyway, we got married.

I now have less than a month remaining and she doesn't want me to leave. Is it possible to file for AOS and remain in the US at this address?

yes it is i overstayed my ESTA september 2011 and i just filed my AOS. I came to visit my fiance also and we just decided to get married :)

[Mike Z 8]

yes it is i overstayed my ESTA september 2011 and i just filed my AOS. I came to visit my fiance also and we just decided to get married :)

just fyi, (i dont know why this bugs me)

you too came here under the VWP - Visa Waiver Program.

There is no such thing as an ESTA Visa.

you can therefore NOT overstay your ESTA.

/edit

from https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#TA7

The “Implementing Recommendations of the 9/11 Commission Act of 2007” (9/11 Act) amended Section 217 of the Immigration and Nationality Act (INA), requiring that the Department of Homeland Security (DHS) implement an electronic travel authorization system and other measures to enhance the security of the Visa Waiver Program. ESTA adds another layer of security that allows DHS to determine, in advance of travel, whether an individual is eligible to travel to the United States under the Visa Waiver Program and whether such travel poses a law enforcement or security risk.

Edited May 3, 2012 by Mike Z

[pauli 49]

1. did you send in a k1 petition?

2. you got married how many days after entering U.S.?

3. do you remember everything you said in secondary?

[steviem 0]

I should add that I was not asked if I intended to marry while I was here.

I was asked if I had work lined up over here, which was their primary concern in secondary. They thought I had a position lined up to work here.

[Mark + Melissa 49]

I am not as experienced as other people on here, but we are on our second round of K-1 Visa application because of a paperwork confusion the first round (gotta love Scotland's record keeping!!). Anyways, we have a lawyer this time, and things are going well. We had a vacation planned to Fort Myers Beach at my condo there, but she recommended we don't do that. The reason is a very small risk that he would be stopped at the border, and sent back because of a possible intent to marry here. Rather than take the risk, we choose to change our vacation to Toronto.

In our case, if Mark had been turned back, it would have been a waste of money, but no ill effects on the visa application. In YOUR case, if there is an issue, it is not not appeal-able. No second shot. Wave bye to your wife. As I've stated, I'm not a lawyer, or an expert, but I would rather wait a few extra months and go through the CR-1 process, than take that 1% risk.

Edited May 3, 2012 by mseifman

[AF-Wife 181]

just fyi, (i dont know why this bugs me)

you too came here under the VWP - Visa Waiver Program.

There is no such thing as an ESTA Visa.

you can therefore NOT overstay your ESTA.

/edit

from https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#TA7

The “Implementing Recommendations of the 9/11 Commission Act of 2007” (9/11 Act) amended Section 217 of the Immigration and Nationality Act (INA), requiring that the Department of Homeland Security (DHS) implement an electronic travel authorization system and other measures to enhance the security of the Visa Waiver Program. ESTA adds another layer of security that allows DHS to determine, in advance of travel, whether an individual is eligible to travel to the United States under the Visa Waiver Program and whether such travel poses a law enforcement or security risk.

ESTA is the program that we sign up for the VWP. you don't have to attack that person, because they just said ESTA and not ESTA visa!

[Tithen 4]

I had no problems AOSing on my VWP. I didn't come here intending on getting married. I knew we had plans to be married, but not on my trip. I was very honest with the border guy about that. Yeah, I had to do secondary... I said the same thing. They asked me why I didn't just get married and stay.. I informed them that it wasn't allowed to go down expecting to marry and stay. They stamped me and off I went.

5 months 4 days later we got married. On the same trip. Things changed, we now could go get married. So we did.

My intent never changed. Our circmstances did. I wanted to go home at the end of my visit.. but the reality was... I'd be stuck out of my loves arms for 6 months if I did. I'd break his son's heart by leaving him. So.. we got married.

USCIS didn't really have much to say about it.

However, I have been told that getting married before you're in the country 90 days can raise eyebrows.

[AF-Wife 181]

I am not as experienced as other people on here, but we are on our second round of K-1 Visa application because of a paperwork confusion the first round (gotta love Scotland's record keeping!!). Anyways, we have a lawyer this time, and things are going well. We had a vacation planned to Fort Myers Beach at my condo there, but she recommended we don't do that. The reason is a very small risk that he would be stopped at the border, and sent back because of a possible intent to marry here. Rather than take the risk, we choose to change our vacation to Toronto.

In our case, if Mark had been turned back, it would have been a waste of money, but no ill effects on the visa application. In YOUR case, if there is an issue, it is not not appeal-able. No second shot. Wave bye to your wife. As I've stated, I'm not a lawyer, or an expert, but I would rather wait a few extra months and go through the CR-1 process, than take that 1% risk.

you are right, that there's no right to appeal. but ... if that happens, just simply go home & file for your CR-1. I think listening to your story, it's worth a shot. many people adjusted their status from VWP successfully and many more will ... if it works out, you would be able to be with your partner while waiting for your greencard!

[Neetz 7]

To my knowledge from what i have read and having travelled on VWP (which i assume is the same for you as you had to do an ESTA) you CAN NOT change status while on a wavier visa, it is a huge NO NO!! Don't do it......it will be declined and you will have breached the wavier rules and be in trouble. You will need to leave and then file a K3 or CR1, but for your own peace of mind check it out on USCIS (VWP) or your home US embassy site. This information applies for Ireland and i believe it is the same for all countries granted VW visits.

[jaycali 415]

yes it is i overstayed my ESTA september 2011 and i just filed my AOS. I came to visit my fiance also and we just decided to get married :)

I should add that I was not asked if I intended to marry while I was here.I was asked if I had work lined up over here, which was their primary concern in secondary. They thought I had a position lined up to work here.

OP, you won't be the first person to do it, and not last.

But another danger to consider when trying to AOS from VWP is that different local offices have different procedures. While the Los Angeles office might approve the AOS without question, San Diego might place the beneficiary in removal proceedings. I'd be very weary, and at least consult with a local immigration attorney who has dealt with VWP AOS at your local office before.

Edited May 3, 2012 by jaejayC

[jaycali 415]

To my knowledge from what i have read and having travelled on VWP (which i assume is the same for you as you had to do an ESTA) you CAN NOT change status while on a wavier visa, it is a huge NO NO!! Don't do it......it will be declined and you will have breached the wavier rules and be in trouble. You will need to leave and then file a K3 or CR1, but for your own peace of mind check it out on USCIS (VWP) or your home US embassy site. This information applies for Ireland and i believe it is the same for all countries granted VW visits.

That's true on paper, but in reality, many USCIS offices will process AOS for VWP spouses.

[K&E2009 71]

I was advised on this site, NOT to AOS from the Visa Waiver.

I personally know a person who did it... but after looking at all the bullshit that goes on if you get denied, then I wouldn't risk it.

Apply for the CR-1. Go home, save money/relax, wait it out and you will be approved before you know it.

If you don't listen to me or other people advising you to do this, then that's ok too! Good luck to you, hope it works out!

Where is the OP from? If it's a Visa Waiver country, then he is not considered to be from a high-fraud country and as such may be fine just to go ahead with the AOS.

All the best!

[jaycali 415]

I was advised on this site, NOT to AOS from the Visa Waiver. I personally know a person who did it... but after looking at all the bullshit that goes on if you get denied, then I wouldn't risk it.Apply for the CR-1. Go home, save money/relax, wait it out and you will be approved before you know it.If you don't listen to me or other people advising you to do this, then that's ok too! Good luck to you, hope it works out! Where is the OP from? If it's a Visa Waiver country, then he is not considered to be from a high-fraud country and as such may be fine just to go ahead with the AOS.All the best!

Since the OP is asking about AOS from VWP I'm assuming the OP is from a VWP country

[K&E2009 71]

Since the OP is asking about AOS from VWP I'm assuming the OP is from a VWP country

I know.

I'm saying: Visa Waiver countries are not high risk, more than likely making his AOS easier.

[bigdog 376]

Others who did this might weigh in here. Usually I don't recommend an attorney but you might at least have a consultation with a good one. Good Luck.