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NeeRC

In USA, on ESTA got married- can I adjust status

By NeeRC in Adjustment of Status from Work, Student, & Tourist Visas

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NeeRC Rookie

NeeRC   0

Posted
Filed: Other Country: United Kingdom
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Posted

Hi. I wasn't sure what forum topic to file this under. I'm in the USA now and we got married 2 weeks after I arrived here. I'm on an ESTA. He surprised me and we both went what the hell. Now we are wondering what to do in regards to visas and staying. Please help. I don't want to do anything illegal 

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RJandHamid Proficient

RJandHamid   1,133

Posted
Filed: Citizen (apr) Country: Morocco
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Posted

If you did not enter the US with intent to marry (the intent was determined at your point of entry), then you can stay in the US and file for AOS. Check out this general guide: 

The entire AOS process takes takes around 1 year and at least several months (~4+) before you are able to work and travel outside of the United States, assuming you apply for EAD/AP along with the AOS (I-485/I-130) paperwork.

If you need to return to the UK sooner to bring your belongings, close any accounts, say goodbye to friends/family, ect. you can return to the UK before your visitor visa expires and file a CR1 spousal visa petition. The CR1 petitions are currently taking around 9-12+ months to be processed. 

 

 

If you are going through the visa process and will be interviewing in Casablanca, Morocco, join us over at the

US-Morocco Visa Discussion Facebook Group! :) 

 

K1 Visa Process                                                                                                   

Spoiler

 

December 19, 2016: NOA1 receive date 

May 5, 2017: NOA2 hardcopy (still listed as 'received' online...)

May 23, 2017: NVC case number assigned

July 10, 2017: Interview
July 14, 2017: Visa in hand
July 27, 2017: POE at ORD

August 5, 2017: Married!

 

 

 

AOS Process    

Spoiler

 

AOS Process  

September 8, 2017 : Mailed AOS Packet

September 16, 2017 : NOA1 text/emails (receive date Sept. 12)

October 2, 2017 : Biometrics Appointment

October 13, 2017 : RFIE letter received in mail (they want an English translated Birth Certificate, which we included in the original petition...)

January 24, 2018: EAD/AP Combo Card in hand

August 9, 2018: AOS Interview (Approved)

August 9, 2018: "Card in Production"

August 16, 2018: Green card in hand

 

 

May 2020: ROC!

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StuBear65 Contributor

StuBear65   68

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

Congratulations on your marriage. The advice given above is good advice,  however I think it's worth pointing out that VJ is an open forum and is read by many people including, (potentially) USCIS.

 

I only say that because your previous posts from October tell a slightly different story.

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

Other thread for reference:

Excerpts:

On 10/9/2017 at 3:57 PM, NeeRC said:

Hi. Please could I have some advice.. my boyfriend is a US citizen and I'm from the U.K.. we are looking to get married and I want to stay in the states with him. I've spoken to 2 different USCIS ppl on the phone and one said I couldn't AOS on ESTA n the other did if he files the I130 form and I file the I-485. Also when should we time getting married bc I've heard mention of 30/90 rule and I don't want to overstay and get banned... please help guys. 

On 10/9/2017 at 4:09 PM, geowrian said:

You cannot come on ESTA with the intent to stay. That is clear visa fraud...do NOT do this! You can either file for a K-1 or marry then file for a CR-1. AOS is not a legal option for you now.

On 10/10/2017 at 6:06 AM, NeeRC said:

I'm currently in the U.K. now. Just to clear that up 

On 10/10/2017 at 7:06 AM, NeeRC said:

Well my flights are booked for April '18. Couldn't we get married there and he file for k3 and then aos? It's just the times and process I'm worried about. I don't want any last changes. 

On 11/2/2017 at 10:06 AM, NeeRC said:

Hi. I wasn't sure what forum topic to file this under. I'm in the USA now and we got married 2 weeks after I arrived here. I'm on an ESTA. He surprised me and we both went what the hell. Now we are wondering what to do in regards to visas and staying. Please help. I don't want to do anything illegal 

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
23 minutes ago, geowrian said:

Other thread for reference:

Excerpts:

 

She is in the USA already. As an IR of a USC her intent is irrelevant at this point. She can AOS

 

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