Marriage on ESTA

[Carlas 1]

Hi everyone,

 

I am a Dutch national and while visiting my American GF we decided to get married. We did not want to cope with long distance anymore. After some research we saw that it is possible to get married and apply for the AOS while visiting on a ESTA, given that the marriage was not the intent of visiting (which is our case).

However, this is still a stressful and somewhat ambigious process so we hoped if you could help us out with some advice. 

 

Does it matter if we get married before the 60 day mark? we'd rather get married sooner, so that we can speed up the paper work.

if i am in the process of applying for the AOS, and my ESTA expires (90 days) before I attain the AOS, what would be my status during that in between period?

My SO is currently working and living in California, but does not have a California state ID, (she still has her New York one) would this affect where we can apply for the AOS?

 

Thank you very much!

 

 

PS: I am currently in the US on my ESTA which is still valid for 2 more months.

[Becci391 339]

If I were you I'd get married and apply for a CR1 visa.

It is not recommended to adjust status from ESTA. 

 

Edited November 22, 2017 by Becci391

[Unshakable Faith 493]

You should be fine to adjust as long as your intent with visiting was not to stay and AOS.  It would be their burden to prove otherwise. You also don't have to wait 60 days, you can get married at any point and send in your paperwork.

 

[Carlas 1]

4 minutes ago, Becci391 said:

If I were you I'd get married and apply for a CR1 visa.

It is not recommended to adjust status from ESTA. 

 

Thanks for your swift reply Becci! 

Is there a reason why you recommoned that? 

[Becci391 339]

5 minutes ago, Carlas said:

Thanks for your swift reply Becci! 

Is there a reason why you recommoned that? 

I don't recommend it. It's what people should do if they spontaneously get married. Simply because there is a visa for that.

If it was allowed to adjust status from ESTA then why is there still the CR1 visa when people spontaneously get married here in the US?

The correct way in my opinion is to get married, apply for the CR1 visa, go back home and wait for the visa.

I honestly don't support adjusting status from ESTA but that's just my personal opinion...

Edited November 22, 2017 by Becci391

[geowrian 22,337]

I don't support it except in very limited circumstances either, but it is permitted.

 

17 minutes ago, Carlas said:

if i am in the process of applying for the AOS, and my ESTA expires (90 days) before I attain the AOS, what would be my status during that in between period?

AOS will likely take the better part of a year or longer...there's very little chance it will be approved before your legal status expires. However, once you file for AOS, you are granted authorized stay while your case is pending.

You cannot work or travel abroad until you either get the green card or an EAD/AP (so file the I-765 and I-131 with the I-485!).

 

17 minutes ago, Carlas said:

My SO is currently working and living in California, but does not have a California state ID, (she still has her New York one) would this affect where we can apply for the AOS?

No.

[csk2b1 44]

Life happens! Good luck....

 

Not sure how up to date this is

[cd37 229]

48 minutes ago, Becci391 said:

I don't recommend it. It's what people should do if they spontaneously get married. Simply because there is a visa for that.

If it was allowed to adjust status from ESTA then why is there still the CR1 visa when people spontaneously get married here in the US?

The correct way in my opinion is to get married, apply for the CR1 visa, go back home and wait for the visa.

I honestly don't support adjusting status from ESTA but that's just my personal opinion...

I fully agree with Becci391. AOS takes around year and you will get EAD after submitting AOS but there will still be time where you will be out of status. Eventhough one is protected for overstay being spouse of US citizen, my advise is dont overstay any kind of visa ever but thats just my personal opinion. 

[geowrian 22,337]

3 minutes ago, cd37 said:

Eventhough one is protected for overstay being spouse of US citizen, my advise is dont overstay any kind of visa ever but thats just my personal opinion. 

That's a partial view of the issue. If you file for AOS within the 90 days of legal status, you won't have any overstay since you have authorized stay while the case is pending (i.e. no unlawful presence is accrued). If you file after the 90 days, then there is a period of overstay/unlawful presence (and you can't use an ESTA ever again).

[JFH 12,189]

I completely understand you don't want to be apart. All of us understand that. We have been there or are there right now. I felt physical pain every time I had to leave my husband and return home after a visit. We even turned around on the way to the airport because I couldn't face leaving him. I felt I was dying inside. But it's not the end of the world.

 

I say this because with every silver lining there is a cloud. Yes, it's possible to adjust status as a spouse of a USC. Yes, it's wonderful that you don't need to be apart anymore. But it comes with a price. You cannot work for many months. It's an expensive process - can you afford that on one salary on top of keeping two mouths fed? You also cannot leave the country for many months. Not even to go home for a few days to sell your car, return the keys for your apartment to your landlord or say goodbye to your family. Being "stuck", unable to work (and in some states unable to drive) for many months can be very tough for some people - especially those who previously had a job or were financially independent. I couldn't do it - having to ask my husband if we have enough money for me to get my hair cut or something. No, not for me. I've always worked for everything I've got. Also, depending on your field of work, being out of work for many months can be very damaging to your career development. You might be putting yourself back a few steps. Are you likely to get a good reference also from your former boss after you went on vacation and decided to just not come back? 

 

Think very carefully before you do this. You are from a VWP country so you can visit very easily. No one has yet died from the separation. The process takes a year or just over. You'll be surprised how quickly that goes, especially with frequent short visits. You can then come on a CR-1 visa and you will be a permanent resident immediately and able to work from the minute your passport is stamped at the airport. I went through some mild depression because of the distance but once we started the paperwork for my visa there was a big light at the end of the tunnel and every day it got brighter because we were a day closer to the end. I kept busy during the process, visited a few times, had fun with friends and family I won't see for a long time, went to Paris, Amsterdam, Bruges, Hamburg, Dublin, and other places that I won't be able to visit so easily anymore. 

 

Seriously consider if this is the right way for you to go forward. 

 

Good luck with whichever decision you make. 

[cd37 229]

7 hours ago, geowrian said:

That's a partial view of the issue. If you file for AOS within the 90 days of legal status, you won't have any overstay since you have authorized stay while the case is pending (i.e. no unlawful presence is accrued). If you file after the 90 days, then there is a period of overstay/unlawful presence (and you can't use an ESTA ever again).

Filing AOS doesnt grant you any status regardless when it was filed. Its just a paper which says you submitted application. You still have to maintain legal status until your green card is issed. 

[Little_Vixen 1,869]

9 hours ago, Carlas said:

Hi everyone,

 

Welkom fellow Dutchie!

I have nothing to add to the posters above me. Just wanted to say hi and wish you good luck.

[Clara B. 119]

Good Morning @Carlas

It is possible to AOS from your esta. USCIS will not hold that aganist you. Plans change and they understand that, as long as you are always telling the truth. There is a presumption of a 30/60/90 day rule when adjusting from VWP/B2/F1/J1 etc, the rule is not official but it might be a guideline used by USCIS. That rule was from the department of state and people say uscis used it. the DOS has changed that to a 90 day rule, but that should not affect the USCIS (since its not their rule to start with). Just make sure to have evidence proving it was supposed to be a short trip, like a return ticket, etc.

Once you get married this are the forms that you will need to fill out. (You can start already).

I-130

I-130A

I-485

I-864

I-693 (Medical Exam, not required for initial processing, you can have it done later, wont delay your process)

I-765

I-131

 

Just make sure to have proof of bona fide relationship to submit with your application. Ask your GF to add you on the lease, or add you to her bank account (bank of america and wells fargo do not require a Social security number), add you to some bills, car insurance, renters insurance, life insurance, health insurance. Add some pictures, affidavits from friends and/or family,  You dont need to have all of those, but you need to provide a few of them. 

 

Good luck! 

[Becci391 339]

21 minutes ago, Clara Monteiro said:

Good Morning @Carlas

It is possible to AOS from your esta. USCIS will not hold that aganist you. Plans change and they understand that, as long as you are always telling the truth. There is a presumption of a 30/60/90 day rule when adjusting from VWP/B2/F1/J1 etc, the rule is not official but it might be a guideline used by USCIS. That rule was from the department of state and people say uscis used it. the DOS has changed that to a 90 day rule, but that should not affect the USCIS (since its not their rule to start with). Just make sure to have evidence proving it was supposed to be a short trip, like a return ticket, etc.

Once you get married this are the forms that you will need to fill out. (You can start already).

I-130

I-130A

I-485

I-864

I-693 (Medical Exam, not required for initial processing, you can have it done later, wont delay your process)

I-765

I-131

 

Just make sure to have proof of bona fide relationship to submit with your application. Ask your GF to add you on the lease, or add you to her bank account (bank of america and wells fargo do not require a Social security number), add you to some bills, car insurance, renters insurance, life insurance, health insurance. Add some pictures, affidavits from friends and/or family,  You dont need to have all of those, but you need to provide a few of them. 

 

Good luck! 

Actually Bank of America wanted to see both, mine and my husband's SSN when we opened a savings account with them.

I'd go there and ask before you open an account together. 

Edited November 22, 2017 by Becci391

[little immigrant 801]

I married on ESTA but I flew back home and did CR1.