Staying in America with esta

[geowrian 22,337]

6 minutes ago, ScarletNIW said:

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. 

Intent is established at POE. There's no issue if you decide to marry and adjust while already inside the US. It doesn't matter if it's 1 day or 1 year later (well, besides the period of unlawful presence).

[Coco8 1,042]

10 minutes ago, ScarletNIW said:

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. 

 

No true. They decided to get married/AOS when she was already in the US. Besides, intent is established at POE. 

 

No need for lawyer.

 

People keep giving this wrong advice everywhere. There have been court decisions from the 1980s.

[ScarletNIW 5]

8 minutes ago, Coco8 said:

 

No true. They decided to get married/AOS when she was already in the US. Besides, intent is established at POE. 

 

No need for lawyer.

 

People keep giving this wrong advice everywhere. There have been court decisions from the 1980s.

Several people got aos denied for this reason. A wrong advice is to suggest to not contact a lawyer.
My case is not marriage-based but if my intent was established at POE then why I was not allowed to adjust the status within 90 days after entering in USA?

It's better to be careful with immigration!

[Mollie09 1,543]

14 minutes ago, ScarletNIW said:

Several people got aos denied for this reason. A wrong advice is to suggest to not contact a lawyer.
My case is not marriage-based but if my intent was established at POE then why I was not allowed to adjust the status within 90 days after entering in USA?

It's better to be careful with immigration!

Show me one case where this happened.

 

Your case was not marriage-based, so why does this have anything to do with you?

[ScarletNIW 5]

Just now, Mollie09 said:

Show me one case where this happened.

 

Your case was not marriage-based, so why does this have anything to do with you?

Stating that intent is established ad POE it's not always true, mine was just an example. I'll send you one case next time I'll see it.

Anyway, cool down.

[Mollie09 1,543]

2 minutes ago, ScarletNIW said:

Stating that intent is established ad POE it's not always true, mine was just an example. I'll send you one case next time I'll see it.

Anyway, cool down.

If you find a case where intent was cause for denial, you should contact USCIS, not me. It goes against precedent set by lawsuits settled in the 1980s. It doesn't happen.

[ScarletNIW 5]

Just now, Mollie09 said:

If you find a case where intent was cause for denial, you should contact USCIS, not me. It goes against precedent set by lawsuits settled in the 1980s. It doesn't happen.

You asked me that! lol

[geowrian 22,337]

32 minutes ago, ScarletNIW said:

Several people got aos denied for this reason. A wrong advice is to suggest to not contact a lawyer.
My case is not marriage-based but if my intent was established at POE then why I was not allowed to adjust the status within 90 days after entering in USA?

It's better to be careful with immigration!

Nobody has been denied AOS as the spouse of a USC for immigrant intent in decades. They cannot be denied AOS due to preconceived intent. See Matter of Battista and Matter of Cavazos. It's never wrong to contact a lawyer, but it is not necessary to do so here either. This is well established law.

Family-based AOS is different than employment-based AOS. https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html The significant family ties exist as an IR, but not employment.

True. It's also good to be correct.

 

11 minutes ago, ScarletNIW said:

Stating that intent is established ad POE it's not always true, mine was just an example. I'll send you one case next time I'll see it.

Anyway, cool down.

1 hour ago, ScarletNIW said:

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. 

You're changing your statements. You claimed OP's case (spouse of a USC) could be construed as visa fraud due to preconceived intent. Then you claimed intent being established at POE was not always the case. The fact is it is always the case for AOS as an IR.

Edited June 27, 2017 by geowrian

[ScarletNIW 5]

2 minutes ago, geowrian said:

Nobody has been denied AOS as the spouse of a USC for immigrant intent in decades. They cannot be denied AOS due to preconceived intent. See Matter of Battista and Matter of Cavazos. It's never wrong to contact a lawyer, but it is not necessary to do so here either. This is well established law.

Family-based AOS is different than employment-based AOS. https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html The significant family ties exist as an IR, but not employment.

True. It's also good to be correct.

 

You're changing your statements. You claimed OP's case (spouse of a USC) could be construed as visa fraud due to preconceived intent. Then you claimed intent being established at POE was not always the case. The fact is it is always the case for AOS as an IR.

I think you misunderstood my sentences. Anyway, this is going to be out of topic. 

[Megmar0616 11]

Thanks everyone. At the beginning I was worried about being denied due to them assuming that I came with the intent to marry but I have read on here a few times now that this won't be an issue as intent is established at the point of entry. I have just been trying to read through the step by step and get everything figured out. I think we will only go for a lawyer if we think we are really struggling but so far this site is very helpful And people reply very quickly.

[Megmar0616 11]

I have just been filling in the I-130 as a draft and it mentions the I-94 form can anyone tell me where I can get this from?also would I have an alien registration number ?

[3rd 84]

You'll be able to find your I-94 here: https://i94.cbp.dhs.gov/I94/#/home

 

You won't currently have an Alien Registration number, one will be assigned to you through this process. If you read the guides it'l tell you whether you leave that blank or put N/A. It's been a while since I did my forms, and each one has a different process.

[Megmar0616 11]

5 hours ago, 3rd said:

You'll be able to find your I-94 here: https://i94.cbp.dhs.gov/I94/#/home

 

You won't currently have an Alien Registration number, one will be assigned to you through this process. If you read the guides it'l tell you whether you leave that blank or put N/A. It's been a while since I did my forms, and each one has a different process.

Great. Thank you. I will have a look, been in the process of just trying to read through everything a million times to get my head around it all