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Varifa

AoS for ESTA Entry and Marriage

By Varifa in Adjustment of Status Case Filing and Progress Reports

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Varifa Newbie

Varifa   0

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Hey guys, first time using this forum. I have a quick question regarding the AoS on ESTA Entry.

 

I am a US Citizen and my girlfriend is from South Korea. I want to know whether she can enter US on ESTA then get married and file I-130 and I-485 in 90 days (in accordance of the new rule). Is this too risk?

 

On contrary, I am also considering whether getting married in South Korea AND enter US would be a good idea. 

 

At all cost, please let me know if I should just go head and initiate I-129 and K-1 process. 

 

Thank you

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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7 minutes ago, samuelpark0125 said:

I am a US Citizen and my girlfriend is from South Korea. I want to know whether she can enter US on ESTA then get married and file I-130 and I-485 in 90 days (in accordance of the new rule). Is this too risk?

This is clear visa (ESTA) fraud. You cannot enter on an ESTA or tourist visa with intent to stay / file for AOS.

 

She is permitted to enter on an ESTA and marry, then you can file an I-130 for her to complete consular processing for a CR-1 visa abroad. Sher will need to leave on time (within 90 days). She can visit during the process. Or you can marry abroad and do the same. Or you can do a K-1 visa process instead, although I suggest sticking with the spousal visa.

Edited by geowrian

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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