Staying in America with esta

[Megmar0616 11]

Hi

 

i joined this site a couple of weeks back to get help on the best visa route to go down with my partner- he is from New Jersey and I am from Scotland. A few people mentioned spousal visa and then adjustment of status. After a long think about it we have decided to go down this route as we know we will be together anyway so we are currently looking into getting married and getting on with this visa process. I am here on the visa waiver programme and my time is up on august 11th. 

I am just looking for some more advice- what will happen if I haven't sent the application before then and overstay? Someone sent me the step by step guide for the adjustment of status (http://www.visajourney.com/content/i130guide2) I am just wondering do we send this full application away at once? ( all the forms listed on the guide) Or send the I-130 away and wait for the response.. then The adjustment is status forms etc..  does anyone have any suggestions of evidence they used to prove their relationship was legit? How many photos etc? Are there a certain amount you have to give or can you give as little or as much as you like? 

i am completely new to all of this and just looking for as much help as possible before looking for a lawyer. 

 

Any my help would be much appreciated. 

 

Thanks

[p-ana 933]

Just follow the guides and look into the forms at uscis.gov as some were updated recently. You should file concurrently, sending the i130 and it's supporting docs and the i485 and it's supporting docs

 

take the time to read around vj as well, you can do this on your own if you read and get acquainted with the process and forms

[Coco8 1,042]

17 minutes ago, Megmarcus said:

A few people mentioned spousal visa and then adjustment of status. After a long think about it we have decided to go down this route as we know we will be together anyway so we are currently looking into getting married and getting on with this visa process. I am here on the visa waiver programme and my time is up on august 11th. 

What you are proposing is not a spousal visa. You are thinking of marrying and adjusting status because you are already in the US.

 

18 minutes ago, Megmarcus said:

Someone sent me the step by step guide for the adjustment of status (http://www.visajourney.com/content/i130guide2) I am just wondering do we send this full application away at once? ( all the forms listed on the guide) Or send the I-130 away and wait for the response.. then The adjustment is status forms etc..  does anyone have any suggestions of evidence they used to prove their relationship was legit? How many photos etc? Are there a certain amount you have to give or can you give as little or as much as you like? 

You need to send other forms with the i-130 that are on the list. You send all at the same time. Make sure you send the form for the Employment Authorization Card (under optional) because in 3-4 months they will get you a card allowing you to work. Some people are submitting the i-131 too. 

 

You need to prepare the packet as best as possible because getting requests from USCIS will delay the process. 

 

 

 

[Unlockable 7,316]

Hi,

 

You will need to get your favorite beverage and read, read, read. Looks like you have the link to the guide so that is a good thing. But there are some decisions you have to make.

 

First, a visa is for entering the US. If you are planning on staying then you will just need to adjust status. If you are planning on leaving to go back to your country then you can certainly file for a visa.

 

If you stay, marry, and adjust status, keep in mind you will be in limbo for a while.This means that if you leave the country before receiving AP, it will be as you abandoned your adjustment of status and you will have to start over with a spousal visa. It also means you will not be able to work until you get authorization. These two things can take 3 - 4 months to receive. 

 

Read the guides front to back on the process. If you have any further question come back and post them.

Edited June 26, 2017 by NuestraUnion

[Coco8 1,042]

24 minutes ago, Megmarcus said:

 

i am completely new to all of this and just looking for as much help as possible before looking for a lawyer. 

 

 

You don't need a lawyer. Everyone follows the guides and asks questions on VJ. Lawyers charge a lot of money, but you still need to fill in the forms and everything yourself. From what I've read on the forum, lawyers also make mistakes and it doesn't go any faster. Basically, lawyers are good when it is something very complex. Yours is not one of those cases.

[Megmar0616 11]

1 minute ago, Coco8 said:

What you are proposing is not a spousal visa. You are thinking of marrying and adjusting status because you are already in the US.

 

You need to send other forms with the i-130 that are on the list. You send all at the same time. Make sure you send the form for the Employment Authorization Card (under optional) because in 3-4 months they will get you a card allowing you to work. Some people are submitting the i-131 too. 

 

You need to prepare the packet as best as possible because getting requests from USCIS will delay the process. 

 

 

 

Yes exactly that.. marrying and adjusting status. Sorry.

Ok thank you. I just wasn't sure if the petition for alien relative one had to be send and approved before adjustment of status. As I say I'm completely new to this. I will definitely apply for the work and travel document ones too. Do you know anything about what would happen if I over stayed my 90days?

[Coco8 1,042]

2 minutes ago, Megmarcus said:

what would happen if I over stayed my 90days?

 

If you marry and send the AOS paperwork before that, nothing. Even if you overstay, marriage to a US citizen while in the US forgives you that time. But it is better if you don't get to that because if for some reason you decide to leave the country without getting married, that time will not be forgiven and you would not be able to use ESTA again.

 

 

Edited June 26, 2017 by Coco8

[geowrian 22,338]

3 minutes ago, Megmarcus said:

Yes exactly that.. marrying and adjusting status. Sorry.

Ok thank you. I just wasn't sure if the petition for alien relative one had to be send and approved before adjustment of status. As I say I'm completely new to this. I will definitely apply for the work and travel document ones too. Do you know anything about what would happen if I over stayed my 90days?

You can send the I-130 and wait for that, but as the spouse of a USC, you can concurrently file the I-130 and I-485. The I-485 grants authorized stay while pending, so it is highly suggested to do them together so you cannot be deported just for being in the US (before you file the I-485).

Edited June 26, 2017 by geowrian

[Megmar0616 11]

Great-thank you. So definitely send it all together. I am just worrying about the time and overstaying because obviously we still have to marry. Right now we have been gathering up as much information as possible for this process and looking into a small wedding with only a couple of family members. Would they question the time between your marriage and application? 

[geowrian 22,338]

4 minutes ago, Megmarcus said:

Great-thank you. So definitely send it all together. I am just worrying about the time and overstaying because obviously we still have to marry. Right now we have been gathering up as much information as possible for this process and looking into a small wedding with only a couple of family members. Would they question the time between your marriage and application? 

Intent is established at POE, so that's not an issue at all. As for evidence of a bona fide marriage, they will take into consideration how long you have been together and what evidence you have presented. Newlyweds aren't likely to have (or even be able to get until you have an EAD + SSN) much financial commingling yet. Send relationship evidence as well - photos together, phone call logs, chats, emails, tickets from trips together, etc. Whatever type of evidence you do have, send that, and prepare to show more evidence for the interview as you get it (i.e. joint bank accounts, lease, etc.).

[Megmar0616 11]

6 minutes ago, geowrian said:

Intent is established at POE, so that's not an issue at all. As for evidence of a bona fide marriage, they will take into consideration how long you have been together and what evidence you have presented. Newlyweds aren't likely to have (or even be able to get until you have an EAD + SSN) much financial commingling yet. Send relationship evidence as well - photos together, phone call logs, chats, emails, tickets from trips together, etc. Whatever type of evidence you do have, send that, and prepare to show more evidence for the interview as you get it (i.e. joint bank accounts, lease, etc.).

Ok thank you. We have plenty of photos, call logs, travel documents etc. Would we just send as many photos etc  as possible, like is there a maximum amount of evidence you can send? Also, to apply to live in th uk there is a financial requirement, to sponsor him I would need to make a certain amount a year is that the same here? I'm sure i read that there isn't but just double checking.

[geowrian 22,338]

Just now, Megmarcus said:

Ok thank you. We have plenty of photos, call logs, travel documents etc. Would we just send as many photos etc  as possible, like is there a maximum amount of evidence you can send? Also, to apply to live in th uk there is a financial requirement, to sponsor him I would need to make a certain amount a year is that the same here? I'm sure i read that there isn't but just double checking.

There is no maximum, but just use common sense. They are not going to look at hundreds of photos or pages of transcripts, and they aren't going to make a decision based on something they have not actually reviewed. Provide more than enough evidence, but there's nothing wrong with saving a tree (or somebody's last piece of sanity reading it) either.

 

Yes, the I-485 requires an I-864 (Affidavit of Support). The USC spouse must meet 125% of the federal poverty level in income (or a 3x factor of that for assets). If they don't meet that, they will need to get a joint sponsor. Information on the I-864 is in the guides. Evidence of their income is required as well (employment letter, pay stubs, etc.). They must also have filed taxes for the last 3 years (or a statement on why they did not need to file) and provide tax returns (tax transcripts preferred, OR 1040 + W2s).

[Coco8 1,042]

2 hours ago, Megmarcus said:

Ok thank you. We have plenty of photos, call logs, travel documents etc. Would we just send as many photos etc  as possible, like is there a maximum amount of evidence you can send? Also, to apply to live in th uk there is a financial requirement, to sponsor him I would need to make a certain amount a year is that the same here? I'm sure i read that there isn't but just double checking.

You are from a non-fraud visa country so provide evidence but don't go over board. It would be great if you could either open a joint bank account or you he could add you to his bank account. Which route to go is a personal choice. But once you do that you could send it as evidence. If he rents, he could add you to the lease and you could send the lease amendment as proof.

 

If you had a long holiday together or trips for visiting, you can show the plane tickets and maybe one photo of the trip. Basically, the picture itself doesn't prove much so provide some context so if you add plane tickets, purchases you made together, that would be better. If you bought him a gift through Amazon and had it mailed to him you can submit the receipt showing you paid for it and had it sent to him, etc. These are just ideas.

 

 

 

[JFH 12,191]

*~*~*moved from "bringing family members" to "adjustment of status from work/study/tourist visas" as OP is currently in the US and adjusting from the VWP*~*~*

[ScarletNIW 5]

I suggest you to talk with an immigration attorney because entering in USA on ESTA with the purpose of getting married with a US citizen and adjust the status is actually visa fraud: your application may be denied and you can be deported. Probably you should not get married too soon after entering in US with ESTA.