Urgent help required! Please ! :'(

[evy_blue 0]

Hello Everyone,

My name is Evelyne, I'm a Belgian citizen and married to an American Citizen since March 2015. I got married will I had a exchange student visa (J1). After my exchange, in June, I had to go back in Belgium, and now I am back in the USA under the ESTA authorization. I will return back in Belgium in August. My only way to come back legally is under this ESTA authorization, but I can only stay for a 90 days period, after which I have to leave the country.

I want to live with my husband here, I want to come back asap in the USA after August.

I've read a lot about the different ways to get here legally. My husband and I are planning on filing a I130 form (with everything else required) tomorrow. I was planning on filing a I-129F form (you have to in order to get K3 visa) immediately after receiving notification (as explained on the travel.state website), in order to eventually get a K3 visa. Once in the US, I'm planning on applying for a CR1 visa...

However, I just read a few discussion on this forum and I'm getting really scared about this process. Is it taking a long time? Is it worth it? What are my other option? I'm newly married, we were not planning on staying in the USA but our plans changed last minute. I don't want to stay for month away from my husband...

Please, help me with whatever information you have. What should I do ?

Thank you so much!

Evelyne

[NikLR 13,227]

~~moved to what visa do I need from K3 progress reports~~

I would personally forget about the K3. They're virtually obsolete. Besides that you don't apply for a CR1 from within the USA. A K3 requires an adjustment of status to obtain a green card. It's approximately twice the cost of the CR1 and takes just as long to obtain.

All of it takes about a year. You can still visit during that time.

Are you CURRENTLY in the USA?

[evy_blue 0]

Hello,

Thank you about your answer.

Yes I'm currently in the USA. I'm leaving in August and coming back in September if everything goes well.... Under ESTA.

[hir0 49]

Since you married a US citizen, I believe you need a visa to re-enter and not the ESTA if you plan on staying.. I might be wrong.

[NikLR 13,227]

Hello,

Thank you about your answer.

Yes I'm currently in the USA. I'm leaving in August and coming back in September if everything goes well.... Under ESTA.

If you are currently in the USA then don't leave and file for AOS.

You are allowed to adjust your status. You are allowed to make a spontaneous decision. It sounds very much like you did not intend to stay and didn't realize this was a legal avenue for you.

Follow this guide:

http://www.visajourney.com/content/i130guide2