VISITING BOYFRIEND ON ESTA

[Jojo92122 1,924]

2 minutes ago, Megmarcus said:

Thanks. It does say on there about intent to marry before coming to the country. How do you prove that you weren't intending on getting married? I mean I was coming for a 2 week visit and just decided to stay on for longer but is my old return date enough?

Your intent no longer matters since you are currently inside the US.

 

The law does not allow USCIS to deny your AOS for immigrant intent alone.

[Jordan8768 107]

1 minute ago, Jojo92122 said:

Immigrant intent is irrelevant once she was admitted into the US.  

 

Even if she had the intent to immigrate, the law does not allow USCIS to deny the AOS based on this alone.

Awesome. I appreciate you guys filling me in! I had no idea that this was the case haha

[Jordan8768 107]

4 minutes ago, Megmarcus said:

Thanks. It does say on there about intent to marry before coming to the country. How do you prove that you weren't intending on getting married? I mean I was coming for a 2 week visit and just decided to stay on for longer but is my old return date enough?

If they question it just say the exact reason you were coming, to visit your boyfriend, and then show them your original ticket. However since I have been informed it's no longer an issue I wouldn't worry about it! 

[Megmar0616 11]

Thanks everyone. About the advanced parole( if we go down the aos route) how do you apply for this?

[Jojo92122 1,924]

4 minutes ago, Megmarcus said:

Thanks everyone. About the advanced parole( if we go down the aos route) how do you apply for this?

You apply for AP with your AOS.  Read and follow the Guides on VJ since this is a DIY site after all.  After reading, come back with your questions.

Edited June 1, 2017 by Jojo92122

[Jordan8768 107]

5 minutes ago, Megmarcus said:

Thanks everyone. About the advanced parole( if we go down the aos route) how do you apply for this?

If you go onto the uscis website, look into concurrent filing and follow all instructions. I'm pretty sure that advanced parole is part of the instructions. 

 

If you go down the aos route you do not have to leave at the end of the 90 days. I didn't apply for advanced parole or the work permit during my wait. But the wait has been about 7 months with my interview coming in two weeks time. 

 

Also under the same circumstances as you, visiting my now wife while on esta from the UK and adjusting status. It's a long process but worth it all!

 

Good luck to you!

Edited June 1, 2017 by Jordan8768

[Megmar0616 11]

3 minutes ago, Jordan8768 said:

If you go onto the uscis website, look into concurrent filing and follow all instructions. I'm pretty sure that advanced parole is part of the instructions. 

 

If you go down the aos route you do not have to leave at the end of the 90 days. I didn't apply for advanced parole or the work permit during my wait. But the wait has been about 7 months with my interview coming in two weeks time. 

 

Also under the same circumstances as you, visiting my now wife while on esta from the UK and adjusting status. It's a long process but worth it all!

 

Good luck to you!

Thank you. Oh really did you do the aos route then? Did you just come for the 90 days, get married and then adjust your status? Good luck to you too

[Jordan8768 107]

1 minute ago, Megmarcus said:

Thank you. Oh really did you do the aos route then? Did you just come for the 90 days, get married and then adjust your status? Good luck to you too

Yes we went down the aos route. I came for a month and we extended my stay as i had to change my flight to leave from Vermont and during that time we decided we wanted to get married. 

 

The forms are pretty confusing at first. Just do your homework. A lot of people say you should get an attorney but I disagree as it is possible to do it on your own! I had to get one after my third request for evidence as we just wanted to speed up. But save money and file all forms yourself and only if you get stuck further down the line get an attorney. 

 

[Jordan8768 107]

The biggest reason for denial of AOS in the affidavit of support. So research that before you begin the process!

[Megmar0616 11]

5 minutes ago, Jordan8768 said:

Yes we went down the aos route. I came for a month and we extended my stay as i had to change my flight to leave from Vermont and during that time we decided we wanted to get married. 

 

The forms are pretty confusing at first. Just do your homework. A lot of people say you should get an attorney but I disagree as it is possible to do it on your own! I had to get one after my third request for evidence as we just wanted to speed up. But save money and file all forms yourself and only if you get stuck further down the line get an attorney. 

 

Yeah I mean as I say this is really my first time looking into this sort of thing so I only had a quick look at the guidelines and already completely confused haha but I mean if we want to stay together it's a good route to go down. What kind of evidence did you submit with your application? I know it'll be a long way before I get to that stage but just out of curiosity 

[3rd 84]

42 minutes ago, Megmarcus said:

Thanks. It does say on there about intent to marry before coming to the country. How do you prove that you weren't intending on getting married? I mean I was coming for a 2 week visit and just decided to stay on for longer but is my old return date enough?

You don't need to prove this as you have already been inspected at POE and no immigrant intent was found as they let you in. Now it's just a case of getting married and filing the correct paperwork and paying the fees.

 

I adjusted from VWP also, after my then boyfriend deciding he didn't want to part and us getting hitched in Vegas. I highly advise filing for the Advance Parole alongside the other forms as you never know when you might need to go back home before your petition is approved.

[Megmar0616 11]

6 minutes ago, 3rd said:

You don't need to prove this as you have already been inspected at POE and no immigrant intent was found as they let you in. Now it's just a case of getting married and filing the correct paperwork and paying the fees.

 

I adjusted from VWP also, after my then boyfriend deciding he didn't want to part and us getting hitched in Vegas. I highly advise filing for the Advance Parole alongside the other forms as you never know when you might need to go back home before your petition is approved.

Yes I think I will definitely file for this as you really don't know. I was here in January and my gran passed away while here so I wouldn't want to risk it. Just when you say about getting married in vegas I wondered if I am able to travel America with internal flights? Would immigration question me as to why I didn't leave after my two weeks ? I know this is irrelevant to the topic but just when you mentioned vegas I thought I'd ask lol 

[Jordan8768 107]

28 minutes ago, Megmarcus said:

Yeah I mean as I say this is really my first time looking into this sort of thing so I only had a quick look at the guidelines and already completely confused haha but I mean if we want to stay together it's a good route to go down. What kind of evidence did you submit with your application? I know it'll be a long way before I get to that stage but just out of curiosity 

As long as you're ready to get married then it's the perfect thing to do. 

 

Evidence includes birth certificates and passport copies. Your boyfriends tax returns and other financial info. Photos of you guys together. Your boyfriends id and birth certificate. Your vaccination report. Among other things, these were just off the top of my head. 

 

I mean theres quite a bit of evidence you need but it should all be easy to get. You do need to perform a medical exam and to do that you need to look on the uscis website for a certified doctor. It Cost us around $250 and you don't have to send that off. You can show them it at the interview. 

 

It took us around two weeks to compile all the documents and complete everything and that included my dad mailing my birth certificate and such too. 

[Megmar0616 11]

17 minutes ago, Jordan8768 said:

As long as you're ready to get married then it's the perfect thing to do. 

 

Evidence includes birth certificates and passport copies. Your boyfriends tax returns and other financial info. Photos of you guys together. Your boyfriends id and birth certificate. Your vaccination report. Among other things, these were just off the top of my head. 

 

I mean theres quite a bit of evidence you need but it should all be easy to get. You do need to perform a medical exam and to do that you need to look on the uscis website for a certified doctor. It Cost us around $250 and you don't have to send that off. You can show them it at the interview. 

 

It took us around two weeks to compile all the documents and complete everything and that included my dad mailing my birth certificate and such too. 

Thank you. I will do all my research anyway and you have all been a great help here so I'm sure I can come back here for advice 

[Jordan8768 107]

5 minutes ago, Megmarcus said:

Thank you. I will do all my research anyway and you have all been a great help here so I'm sure I can come back here for advice 

Awesome! If you tag me if you have more advice I'll try my best to help!

 

good luck!