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crazylulu

Filing for Adjustment of status after my ESTA expired

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

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crazylulu Newbie

crazylulu   0

Posted
Filed: Country: Slovakia
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Posted

Hi everyone. This is my first post here, hope I did everything the right way.

I've been really worried because of one thing. I am married to a US citizen. We got married in Slovakia in January and he had to return to US in June. I came to visit him for two months in July for my summer vacation and planned to go back home, since I run a business there which I wasn't able to hand over/sell yet. While here, my husband got diagnosed with depression and asked me to stay. So I started looking for people to replace me over the summer which I did at the very last moment and I decided not to return home and stayed here. We had at around 6 weeks after that to file for adjustment of status. However, since I had no documents here for it, I had to ask my mom to mail them to me (including my medical records for the doctor's appointment) and she got the address wrong and everything returned back to Slovakia. I finally got it this last Friday, after it all returned back home and she shipped it the second time. In the meantime my esta expired last week. I already had my vaccinations done, all I need now is to get the medical exam this week and we can file. Are we gonna be in trouble for filing 10 days after my esta expired? Could I be deported? Should I explain this in our packet? I have the postal receipts that show that it was mailed on time but returned and was mailed again. Or do I just not mention it? I would appreciate any kind of advice cause I tried to google it but found lots of confusing info. Thanks in advance!

TBoneTX Grand Master

TBoneTX   46,216

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Welcome to VisaJourney! I'm moving your thread from the "Bringing Family Members of U.S. Citizens to America" forum into the "Adjustment of Status from Work, Student, & Tourist Visas" forum, where it will be a better fit. Expect some answers! :)

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(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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