I-485 supp A, required with VWP tourist ESTA?

[HazelTove 0]

I'm struggling to figure out whether or not I am required to file the supplement A form (or any other supplements) or not. I came to the US with the Visa Waiver Program (ESTA) as a tourist and was inspected at the border. Then we decided to get married after a while of me being here. Now we're reading about supplement A for the I-485. Reading the instructions we feel very confused as to whether we need to file supplement A or not? In one part it mentions that if you came in on the VWP you have to file the form but another part it mentions being a 'spouse of' exception. So does me being a spouse of a US citizen negate the part about coming in on the VWP? or will we still need to file?

Edited May 9, 2016 by HazelTove

[aleful 1,905]

hi

nope, overstay is forgiven,

the i485A is only for those under the 245i law from 2001 and earlier

[HazelTove 0]

Thanks! We got a bit worried there for a minute since $1k is a lot of money and of course we're at that stage where we're filling out all this stuff and stressing out about doing everything correctly and this made us panic a bit. I think it would probably help if they made these things more clear.

[MandEJ 46]

Wait wait, you can adjust from an ESTA?? Why on earth am I going through a K1??

[Transborderwife 4,666]

Wait wait, you can adjust from an ESTA?? Why on earth am I going through a K1??

Are you currently in the USA?

[aleful 1,905]

hi

you can't come with intent to adjust status in the US, that's fraud

but if you are here already and had no intent to marry and adjust status when you came, that's different

[MandEJ 46]

No, I returned to the UK because I didn't think the US would allow any kind of adjustment from a visa waiver that is granted on the sole basis of it being temporary!

[MandEJ 46]

No, I returned to the UK because I didn't think the US would allow any kind of adjustment from a visa waiver that is granted on the sole basis of it being temporary!

Having said that it's a moot point because even if I'd known before, I have a job and a flat and I wouldn't have been able to leave thinking I was coming back only to then not come back.

Good luck with your adjustment!

[HazelTove 0]

We didn't intend on getting married when I came over. I had been looking at places to rent for when I came back and had a job lined up (I do contract work so I was able to pause to travel). I never in a million years thought I'd be getting married so soon but we were out looking at the stars and he proposed this month, I said yes, things happened quickly after that. We scheduled a ceremony with his immediate family there and got married. We spoke to an attorney and they said we could adjust status from the US so we've been rushing around preparing the forms. We didn't realize the full extend of everything involved.

I feel really bad to see so many people on here having to wait so long to be with their loved ones but we never intended to cheat the system. We're actually afraid that the immigration office will think that that is the case and that our application will be declined, especially because I came over with an ESTA and don't have the same rights as someone with a visa. But the attorney said that we could. I just hope the attorney wasn't wrong now. I mean you can adjust status with a tourist ESTA right?

Edited May 10, 2016 by HazelTove

[Harpa Timsah 13,258]

You're fine, Hazel.

[MandEJ 46]

Oh I'm sure you didn't! I just mean even if I'd known it was possible, in my case I wouldn't have been able to do it without any planning, just due to having a lot of ties like job and flat etc it's great for you things worked out!