Adjustment of Status with Esta

[Orangesapples 1,954]

3 minutes ago, Ras Ous said:

The idea that people with B1/B2 or ESTA have intent to stay is inaccurate. I came here on B2 with a plan of staying for 3month. However, you will all agree with me, coming from a different country with different cultures, it would take time to overcome the issues highlighted.

Even after our 5month staying together, we were still having issues. It was only after my 7months I felt comfortable to ask her to marry me.  As I write this piece, I can honestly say that my wife and I understand each other very well. She knows what offends me and I also know what offends her.

We have to know ours spouses before making that supreme sacrifice to stay here.  I am now trapped in the US, no JOB and I can't see my Son for close to 1 year.  I was making close to $6k per month in my country.

I knew of CR1 Visa before coming (Please note I visited the US twice before staying), However, I was really more concern in knowing my wife before marrying here.

Finally, I have seen people who came here with K1 visa, guest what, 4 months after marriage, everything collapsed. My neighbour came with CR1, he and the wife knew each other for more than 3 years but the maximum time they spent together was 2months. In less than a year they divorce. These are all caused by marrying someone who you don’t know very well.

Cognizant of these, AOS is open to all who enter the US legally. Trust me if USCIS was looking for intent, none of us would be permanent resident.

 

florida racer 73 Please work on your relationship and gather evidence to support your marriage.

You don't need to justify your legal choices here. 

[Free Man 119]

Orangesapples,  i am just trying to put across a message. We cannot continue to judge people  on INTENT.  People are  already going through lot of stress . 

[florida racer 73 200]

2 hours ago, Ras Ous said:

florida racer 73 Please work on your relationship and gather evidence to support your marriage

Excuse me?

[Michael2017 368]

Even after filing the CR1 visa, there is no problem to visit the States for 90 days. 90 days in, 90 days out, for the 1.5 years wait has been almost for all ESTA couples possible.

Thus, if you anyhow want to work back in Germany, maybe the CR1 is the best option.

[iwir 337]

12 hours ago, Kimdung92 said:

I would like to stay here with him. I m gonna ask for the ead an ap and then travel back in october because i have to work again, wanna visit my family and wrap up things there...

Expect to get AP and EAD in 4-6 months. During that time you're not allowed to work and leave the country. So you can't make a fix plan on going back to Germany in October because you might have to wait longer than that. 

 

Basically you might feel like stranded here with no ability to tie up loose ends in Germany and no ability to work in the US until you get AP and EAD. CR1 might be more suitable for you so that you can start working after POE and still have time to save up some money and work in Germany while waiting for the visa IMHO

[R&OC 374]

Good luck to you collecting all your evidence and documentation. 

 

I am concerned about the timeline you are pursuing. If you do have to be back in Germany in October, you may not have your AP by then. Will you be able to handle your affairs remotely? Or can others help you out?

 

Just to give you the CR-1 perspective. My husband petitioned the CR-1 for me and we visited each other more than 20 times in two years. I actually stopped counting but I have had the same CBP officers over and over again when entering the US. Not once did I have an issue travelling back and forth. Perhaps that is an option well worth considering? I am bringing this up because I heard from other spouses suffering through the AOS process because of their financial dependence, no drivers license and feeling stuck at home.

 

 

[little immigrant 801]

25 minutes ago, R&OC said:

I actually stopped counting but I have had the same CBP officers over and over again when entering the US. 

How did you end up with the same officers over and over? How cool is that when they actually know your story and just be like "yea come on in" 

[Dutchster 1,107]

16 hours ago, Kimdung92 said:

I would like to stay here with him. I m gonna ask for the ead an ap and then travel back in october because i have to work again, wanna visit my family and wrap up things there...

There a big possibility you won't get your EAD/AP combo card by October. People are already waiting more than 4 months to receive it, some even wait 6 months. 

[Kimdung92 1]

Thank you all for your concern. Don't worry I will figure it out if I get the AP later than October. It is how it is ☺️ I just have another question: so in I130 part 61.a it says I have to fill the Uscis office in. But which office should I put in? It says city or town and state: do I have to put the Chicago one in or the New York?

i m in New York Long Island  thank you so much for all your help and concerns.

[MrsBPM 34]

13 minutes ago, Kimdung92 said:

Thank you all for your concern. Don't worry I will figure it out if I get the AP later than October. It is how it is ☺️ I just have another question: so in I130 part 61.a it says I have to fill the Uscis office in. But which office should I put in? It says city or town and state: do I have to put the Chicago one in or the New York?

i m in New York Long Island  thank you so much for all your help and concerns.

Closest office to you if it's for local office. 

[Kimdung92 1]

14 minutes ago, CatP said:

Closest office to you if it's for local office. 

Thank you! And the package I have to send to Chicago, is that correct?

 

 

Edited July 2, 2018 by Kimdung92

[Kimdung92 1]

13 hours ago, geowrian said:

I-864 is the main form. I-864EZ is a simplified form that can be used for the most common circumstances. The requirements to use it are at the very beginning of the I-864EZ (i.e. a joint sponsor cannot use it).

If you use an I-864EZ, then this replaces the need for the I-864.

 

I-864A is for relative living withing in the same residence as a sponsor. This is a an agreement to combine their income/assets with the sponsor (the sponsor is somebody using the I-864/I-864EZ).

 

Roger. No I-864A is needed from her then.

Sorry, I have another question for the joint sponsor,

so the step father does live in the same household, but he is not on the mortgage of this house only his mom. Does that still means we need to file i864A?

we all live here my husband, me, his mom and his step dad

[Crazy Cat 42,546]

4 minutes ago, Kimdung92 said:

Sorry, I have another question for the joint sponsor,

so the step father does live in the same household, but he is not on the mortgage of this house only his mom. Does that still means we need to file i864A?

we all live here my husband, me, his mom and his step dad

Did the I-864 instructions say anything about mortgages?  I think it speaks of living in the same household...

Edited July 2, 2018 by missileman

[florida racer 73 200]

9 minutes ago, missileman said:

Did the I-864 instructions say anything about mortgages?  I think it speaks of living in the same household...

 

9 minutes ago, missileman said:

Did the I-864 instructions say anything about mortgages?  I think it speaks of living in the same household...

It goes by household members

 

#of people living in household, I just put an I-864 away otherwise I would tell you the section and line number

Edited July 2, 2018 by florida racer 73

[Kimdung92 1]

33 minutes ago, florida racer 73 said:

 

It goes by household members

 

#of people living in household, I just put an I-864 away otherwise I would tell you the section and line number

So I do need to file i864A correct? How many do i need to file? So my husband and his step dad (joint sponsor) file i864 and his mom needs to file i864A?