Summary: ESTA, Marriage, Adj. of Status, Travel & Work Options, please help

[flint099 0]

Hello, I need your advices, please read my current situation:

Me and my girlfriend decided to get married after a four year relationship.

I entered the United States under ESTA and now we are waiting to get the approved marriage license back.

Now we are discussing two options and need your experiences:

Option A:

Submission of I-130 now, then return to home and do the rest of paperwork by consular processing.

Option B:

Submit I-130 and I-485 together in addition with travel permit and work permit.

Issue: Wedding license might get back by mail after my 90 day stay.

Questions:

1.) If we proceed by option A, I think we do it the more official way but it probably will take longer?

2.) In option A can I go and visit my wife on a ESTA visa? If not, are there alternatives? Generally how are my travel options during application processing?

3.) In option B I feel I am staying in the US without occupation which is stressful. How do you deal with that?

4.) Is a possible overstay from the 90 day period a real issue or not?

5.) After receiving the Green card I must stay in the US? Or how in general are the possibilities to be in and outside the country? Is there a minimum amount of time I need to stay inside or outside the country?

THX in advance

[Ontarkie 14,227]

~~Moved to What Visa Do I Need, from Bringing Family Members of US Citizens to America - As the OP has not made any decisions which process to start.~~

[landr 126]

5.) After receiving the Green card I must stay in the US? Or how in general are the possibilities to be in and outside the country? Is there a minimum amount of time I need to stay inside or outside the country?

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

and

http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

You can jeopardise naturalisation if you stay out of the country for too long. I think you need to decide whether you want to eventually become a US citizen or not. If you do, it requires a deeper commitment than just popping in and out of the country for extended periods of time every few months or years. The only people who might be able to get away with that are diplomats and active duty military and their families.

If your ultimate aim is to be with your girlfriend, where ever she is in the world, getting US permanent residence/citizenship is not the only option.

[SimonBelgium 49]

Hello, I need your advices, please read my current situation:

Me and my girlfriend decided to get married after a four year relationship.

I entered the United States under ESTA and now we are waiting to get the approved marriage license back.

Now we are discussing two options and need your experiences:

Option A:

Submission of I-130 now, then return to home and do the rest of paperwork by consular processing.

Option B:

Submit I-130 and I-485 together in addition with travel permit and work permit.

Issue: Wedding license might get back by mail after my 90 day stay.

Questions:

1.) If we proceed by option A, I think we do it the more official way but it probably will take longer?

2.) In option A can I go and visit my wife on a ESTA visa? If not, are there alternatives? Generally how are my travel options during application processing?

3.) In option B I feel I am staying in the US without occupation which is stressful. How do you deal with that?

4.) Is a possible overstay from the 90 day period a real issue or not?

5.) After receiving the Green card I must stay in the US? Or how in general are the possibilities to be in and outside the country? Is there a minimum amount of time I need to stay inside or outside the country?

THX in advance

1. You can get married in the US if you want, and then file as soon as you have all the paperwork. It is the US Citizen who files (and sends all the documents required). Yes a CR-1 takes a LONG time.

2. Yes you can, however avoid the first 3 months or so after filing your I-130 (NOA-1), and do not go for more than about 2 months at a time. Bring copies of ALL your paperwork in case CBP officer asks for it.

3. It can take months, and you are committing visa fraud (intent to marry on VWP).

4. Yes, you need to file your I-130 before the 90d is up to be safe®.

5. has been answered by others.

If you read the CR-1 forums you will see it takes a very long time to process your petition and get the visa, however it IS possible to visit your spouse in the US and vice-versa. It does suck though !

Although it is "condoned" to do AOS on VWP for CR-1, it is considered to be visa fraud, and those cases are scrutinized and you are indeed stuck at home until they approve you. This means no international travel, no jobs (even charity and such is usually not allowed), no home improvement (unless your name is on the lease), nothing.

[flint099 0]

Hello,

thanks for the answers so far.

I am a bit confused, the CR-1 is the I-485? I haven't read about CR-1.

I can imagine if we go with option A it takes avery long time but having the possibility to travel and visit makes it a lot easier.

If I travel to the US while I do the consular processing / I-485 but back from Europe, do I travel to the US on ESTA again?

In the long run we would like to stay in the US and our main motivation was to deal with this paperwork as soon as possible.

THX

[Boiler 45,525]

Stay and adjust meets your main requirement.