AOS from ESTA?

[jcjcjc 0]

Hi everyone,

 

I entered the US under ESTA and it is about to expire in 40 days.

My boyfriend who I have been dating for over 6 years just proposed.

We decided to get married soon and file my AOS right after.

 

I recently found out about the new 90 day rule implemented by the DOS.

I'm wondering if anyone have any experience with adjustment of status under the new 90 day rule?

 

The question is people under ESTA are only allowed to stay up to 90 days, 

However, if I file within 90 days, will I unintentionally commit visa fraud?

 

 

 

 

 

[geowrian 22,338]

You’re fine to file so long as you did not enter with intent to AOS. No such rule exists with USCIS (the so-called rule is in the FAM, used by DOS, not USCIS which is under DHS).

[BritGirl88 43]

You're fine to apply. Intent is determined at Point of Entry.

As @geowrian said, there is no such rule with USCIS. I got married 32 days after entering the US on ESTA and had no issues, was not asked about intent AT ALL at my interview and received my greencard in 5.5 months.

[jcjcjc 0]

18 hours ago, geowrian said:

You’re fine to file so long as you did not enter with intent to AOS. No such rule exists with USCIS (the so-called rule is in the FAM, used by DOS, not USCIS which is under DHS).

Thanks for the reply!

This is also what I thought after I did the research online, but the attorney I just talked to kinda scared me of the 90 rule.

I guess I am just going go ahead filing my application.

[jcjcjc 0]

1 hour ago, BritGirl88 said:

You're fine to apply. Intent is determined at Point of Entry.

As @geowrian said, there is no such rule with USCIS. I got married 32 days after entering the US on ESTA and had no issues, was not asked about intent AT ALL at my interview and received my greencard in 5.5 months.

Wow 5.5 months is pretty fast！

When did you apply for AOS?

I just heard it is getting much more strict after the new president.

 

[BritGirl88 43]

I applied at the end of December 2016 and had my greencard by May 2017. 

[POM 21]

You will be just fine, go ahead and apply 

[jcjcjc 0]

On 2018/1/31 at 9:26 PM, POM said:

You will be just fine, go ahead and apply 

thanks:)