AoS from ESTA

[together_soon 0]

Hi there,

I would be SO appreciative of any help anyone can offer me, as my day has just gotten turned upside down & inside out, five times over. My fiance (USC) is in the middle of an ugly, ugly divorce. We got engaged 10 months ago because his divorce papers were in the court waiting to be stamped. When his (nearly)ex-wife got wind of this, she pulled the papers and refuses to divorce him. Today we received her divorce proposal, and she is asking for the sun, moon & stars. She is destroying him financially. If a judge orders these divorce terms he will be financially unable to move to Australia. If he declines these terms, and thus the divorce remains at a standstill, he STILL won't be able to move to Australia, because one of the prerequisites is that he and I are married.

The reason I am here in the US is because our plans were for my fiance to move with me back to Australia. We were getting married in Australia, and he was applying for permanent residency there. However, as a result of the proposal we received today from his ex-wife, if he agrees to it or a judge orders him to abide by it, he will be financially crippled and not have the funds to move to Australia with me. Our tickets are booked or November 26 2016.

& so, my mind is spinning. We don't want to be apart ever again. We have already done 15 months of long distance relationship (between NY and Sydney, Australia). We just can't do it. & so, despite the fact moving to Australia was always our plan, I am having to look at moving to NY. Being her on the VWP (ESTA), I understand I cannot apply for AoS if I entered the country with the intention of marriage. Which I did not. My fiance and I booked tickets months in advance to return to Australia, we have an Australian immigration lawyer who has helped us prepare our AUSTRALIAN immigration paperwork, and we have zero evidence that AoS was ever on our radar. We already KNEW the laws regarding AoS and the VWP.

So I am wondering this. IF we can get the divorced finalised in the next five weeks, get married, and file the AoS paperwork, I should be able to remain in the US and proceed with US immigration. Is this correct? I still haven't decided if this is the best course of action holistically (I'm merely thinking of the horror of having to return to Australia without my fiance)....but theoretically it is possible, am I right?

I would love to hear from anyone who has any words of wisdom or advice. Right now all my experience is in the Australian immigration process, as it's been over a year since I looked at the US immigration protocol.

Many thanks,

Katie

[Georgia16 2,858]

Yes if he gets divorced as he has too first of course and you guys get married then you can file for the AOS and you can stay. You won't be able to work or travel outside of US for about 90 days after you have filed for the AOS.

[EM_Vandaveer 2,417]

~ Moved from "AOS from Family Visas" to "AOS from Work, Student and Tourist Visas" ~

Organizer hat off:

If he finalizes the divorce and the two of you get married, you can file for AOS.

Once you get your NOA1 for your I-485, you'll be in a new period of authorized stay until the application is adjudicated.

Follow the guide:

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

[together_soon 0]

Thanks Georgia16. I am not so concerned about not being able to work or travel. Naturally it is going to be really hard. My whole life is back in Sydney, and I am supposed to arrive there November 28. It would be so far from ideal it isn't even funny. BUT, it is an option. And right now, the fact that we have options has to be a positive thing. The worst thing would be going home alone, without my fiance. I don't think either of us could survive that.

Thanks EM_Vandaveer for your your response also! (& your organisation!). I will keep doing research until my fiance gets home from work. Live the chaos, they say!

xx

Edited October 17, 2016 by together_soon

[Georgia16 2,858]

Thanks Georgia16. I am not so concerned about not being able to work or travel. Naturally it is going to be really hard. My whole life is back in Sydney, and I am supposed to arrive there November 28. It would be so far from ideal it isn't even funny. BUT, it is an option. And right now, the fact that we have options has to be a positive thing. The worst thing would be going home alone, without my fiance. I don't think either of us could survive that.

Thanks EM_Vandaveer for your your response also! (& your organisation!). I will keep doing research until my fiance gets home from work. Live the chaos, they say!

xx

Start preparing papers from your side with birth certificate and what else so at least that is ready

[NigeriaorBust 4,087]

Also check in the state if there is a waiting period after the divorce to remarry, if there is one and you mess up the AIS would be denied and there is no appeal from VWP

[together_soon 0]

Thanks Nigeriaorbust. I just double checked that - apparently there is no waiting period after the divorce decree is issued in order to remarry in NY state. Though there is a 24 hours period between when a marriage license is issued and an actual ceremony can occur. So, SO far, looking possible. Just researching now what kind of a timeline I'm looking at if I am taking this course of action and have it all work out between November 26. I think it may be time to contact an immigration attorney :/

[N-o-l-a 7,168]

Thanks Nigeriaorbust. I just double checked that - apparently there is no waiting period after the divorce decree is issued in order to remarry in NY state. Though there is a 24 hours period between when a marriage license is issued and an actual ceremony can occur. So, SO far, looking possible. Just researching now what kind of a timeline I'm looking at if I am taking this course of action and have it all work out between November 26. I think it may be time to contact an immigration attorney :/

An immigration attorney is not really needed in your case unless you really feel like you need one. Yours is a pretty straight forward case once he is divorced.

I am sure you are carefully weighing the options at the moment, but just keep in the dates and whether you want to risk overstaying if his divorce is not yet final at that time. Divorces can stretch one for quite a bit.

[Mounat 74]

Not sure what advice you're looking for OP. This is straight forward waiting on a divorce to finalize before marrying and filing AOS. You needn't have posted all the private details you did here and you definitely don't need an attorney.

Good luck.

[leaf777 1]

I am adjusting from ESTA as well. You should be fine but prepare for a long hassle with immigration.Make sure your divorce is finalized and legit and accepted under your state's family law where you are adjusting status from. Also just make some research how to adjust from ESTA and what to look out for. Try to send everything in before your 90 days expire. If you cant or run out of time you can still adjust though but it will be more discretionary.

Edited October 20, 2016 by chris22

[Harpa Timsah 13,258]

I am adjusting from ESTA as well. You should be fine but prepare for a long hassle with immigration.Make sure your divorce is finalized and legit and accepted under your state's family law where you are adjusting status from. Also just make some research how to adjust from ESTA and what to look out for. Try to send everything in before your 90 days expire. If you cant or run out of time you can still adjust though but it will be more discretionary.

The bolded is not true.