Getting married on ESTA tourist visa

[HannaO 0]

Hi! My name is Hanna im from Sweden. My united citizen boyfriend and I have been dating for two years now. Over the summer I came to visit my extended family in San Francisco CA. My boyfriend decided to come and stay with me there for a few days. We did not get to spend much time together and I was about to leave for home. I decided to extend my ticket to be able to spend more time with my boyfriend.  When my time here was up my boyfriend and I realized we can not be apart anymore and decided to get married. We got married on my 64:th day here. My husband now and I are wondering what we are supposed to do now. We really are in love with each other and do not want to be apart. Will there be any consequences when we file for AOS? 

Edited August 6, 2018 by HannaO

[usmsbow 802]

Nope, there won't be any consequences. Congrats on your marriage and best of luck to you! 

 

 

[Ben&Zian 4,398]

5 minutes ago, HannaO said:

Hi! My name is Hanna im from Sweden. My united citizen boyfriend and I have been dating for two years now. Over the summer I came to visit my extended family in San Francisco CA. My boyfriend decided to come and stay with me there for a few days. We did not get to spend much time together and I was about to leave for home. I decided to extend my ticket to be able to spend more time with my boyfriend.  When my time here was up my boyfriend and I realized we can not be apart anymore and decided to get married. We got married on my 64:th day here. My husband now and I are wondering what we are supposed to do now. We really are in love with each other and do not want to be apart. Will there be any consequences when we file for AOS? 

 

Nope. Follow the guide: http://www.visajourney.com/content/i130guide2

[Crazy Cat 41,985]

You can legally stay in the US and adjust status or you can return to your country and process a CR-1 spousal visa. You should be aware of the limitations of staying to adjust status:

 

AOS from tourist visa

     Spouse can not leave the US until she receives approved Advance Parole (approx 4-6 months after filing paperwork)

    Spouse can not work until she receives EAD (approx 4-6 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months (at least a year) after Adjustment of Status is filed.

CR-1

    You would go back to your country, but you can visit in US during the process (12-14 months)

    No AOS required.

    Spouse can immediately travel outside the US after entry via CR-1 visa

    Spouse can start work if desired after entry via the CR-1 visa

Spouse receives Green card within a few weeks of entry to US.

Edited August 6, 2018 by missileman

[PollyC 119]

If you decided to not to go back to your country, you have to file the following forms:

 

I-130 (Petition for Alien Relative)

I-130A (Supplemental Information for Spouse Beneficiary)

I-485 (Application to Register Permanent Residence or Adjust Status)

I-864 (Affidavit of Support Under Section 213A of the INA)

Form I-693 (Report of Medical Examination and Vaccination Record)

 

Optional but I suggest you do it since they are free if you file together with I-485

I-765 (Application for Employment Authorization)

I-131 (Application for Travel Document)

 

[Nouchigang 200]

On 8/6/2018 at 1:45 PM, missileman said:

You can legally stay in the US and adjust status or you can return to your country and process a CR-1 spousal visa. You should be aware of the limitations of staying to adjust status:

 

AOS from tourist visa

     Spouse can not leave the US until she receives approved Advance Parole (approx 4-6 months after filing paperwork)

    Spouse can not work until she receives EAD (approx 4-6 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months (at least a year) after Adjustment of Status is filed.

CR-1

    You would go back to your country, but you can visit in US during the process (12-14 months)

    No AOS required.

    Spouse can immediately travel outside the US after entry via CR-1 visa

    Spouse can start work if desired after entry via the CR-1 visa

Spouse receives Green card within a few weeks of entry to US.

Hello,

 

Just a quick question please about the part " You can visit the US during the process", this is only true for countries with visa waivers correct? For other countries that need a B1/B2 to come in the US, they have high chances to be denied at the border due to their pending CR1 process, correct?

Or are you issued a "special" type of visa that can let you visit during the process?

I am just curious for my own knowledge please.

 

Thank you,

[geowrian 22,337]

4 minutes ago, Nouchigang said:

Just a quick question please about the part " You can visit the US during the process", this is only true for countries with visa waivers correct? For other countries that need a B1/B2 to come in the US, they have high chances to be denied at the border due to their pending CR1 process, correct?

Or are you issued a "special" type of visa that can let you visit during the process?

No special visa. It's nearly impossible to obtain a tourist visa while going through the process, but visiting using an existing tourist visa is fine. It may raise some scrutiny of your intent to return home, but many, many people do this daily.

[Nouchigang 200]

1 hour ago, geowrian said:

No special visa. It's nearly impossible to obtain a tourist visa while going through the process, but visiting using an existing tourist visa is fine. It may raise some scrutiny of your intent to return home, but many, many people do this daily.

Gotcha thank you!