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Hyuga

Is it possible to marry in USA with an ESTA and go back after in my country?

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Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
4 minutes ago, HRQX said:

Unknown if OP is currently inside or outside the US. If outside, then it's illegal for OP to have preconceived intent to AOS.

Since they are asking about marrying on the first visit, and whether or not they can do so on an ESTA, then I would assume OP is outside the US, in which case they cannot plan for AOS as like you said it would be visa fraud and illegal

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
1 minute ago, Hyuga said:

I don't understand what is not legal? 

 

to marry there and go back in Europe?

It is perfectly legal to marry in the US and go back to Europe. What isn't legal would be to come to the US on ESTA, marrying, and not going back to Europe, as another user was suggesting Adjustment of Status. Adjustment of Status would not be legal as you cannot legally enter the US and marry with intent to adjust status. You can absolutely come to the US, marry, and return to Europe though

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Filed: K-1 Visa Country: France
Timeline
2 minutes ago, LilyJ said:

Since they are asking about marrying on the first visit, and whether or not they can do so on an ESTA, then I would assume OP is outside the US, in which case they cannot plan for AOS as like you said it would be visa fraud and illegal

It's not really a first visit, i lived with her before during one month. But what is AOS, i don't understand thank you very much

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Filed: K-1 Visa Country: France
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10 minutes ago, LilyJ said:

It is perfectly legal to marry in the US and go back to Europe. What isn't legal would be to come to the US on ESTA, marrying, and not going back to Europe, as another user was suggesting Adjustment of Status. Adjustment of Status would not be legal as you cannot legally enter the US and marry with intent to adjust status. You can absolutely come to the US, marry, and return to Europe though

Thank you very much

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Filed: IR-1/CR-1 Visa Country: Denmark
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9 minutes ago, Hyuga said:

It's not really a first visit, i lived with her before during one month. But what is AOS, i don't understand thank you very much

That will be good for your case then if you were together in real life for a month before already. AOS is "adjustment of status", where you request a change from a non-immigrant status to an immigrant status, while currently being in the US. However, you cannot come in to the US on a non-immigrant status with the intent to change to an immigrant status in the US, unless you are on a visa that specifically allows it.

 

For example: you can come on a K1 visa, get married, and adjust status, as a K1 visas purpose IS to come to the US, get married, and stay.
BUT, you cannot come in on a tourist visa/ESTA with the intent to get married, stay, and adjust status to immigrant status, as coming into the US on a tourist visa/ESTA is supposed to be with the intent that you will return to your country. So, adjusting status (AOS) is illegal to do on an ESTA/tourist visa if you came in to the US with plans to stay

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Filed: K-1 Visa Country: France
Timeline
2 minutes ago, LilyJ said:

That will be good for your case then if you were together in real life for a month before already. AOS is "adjustment of status", where you request a change from a non-immigrant status to an immigrant status, while currently being in the US. However, you cannot come in to the US on a non-immigrant status with the intent to change to an immigrant status in the US, unless you are on a visa that specifically allows it.

 

For example: you can come on a K1 visa, get married, and adjust status, as a K1 visas purpose IS to come to the US, get married, and stay.
BUT, you cannot come in on a tourist visa/ESTA with the intent to get married, stay, and adjust status to immigrant status, as coming into the US on a tourist visa/ESTA is supposed to be with the intent that you will return to your country. So, adjusting status (AOS) is illegal to do on an ESTA/tourist visa if you came in to the US with plans to stay

After immigration will knot i left America?

 

thank you

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Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
1 minute ago, Hyuga said:

After immigration will knot i left America?

 

thank you

Yes, they will know you left, no worries

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Filed: K-1 Visa Country: France
Timeline
Just now, LilyJ said:

Yes, they will know you left, no worries

thank you very much, i visited america several times in my life, i never stayed overstayed

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Filed: Other Country: Saudi Arabia
Timeline
1 hour ago, Hyuga said:

Hey, i do this topic to ask if it's possible to marry in USA during vacation and go back in my country, and apply after for a CR-1. 

 

Thank you very much for all

Yes

This gets asked every week.  Needs to be pinned.

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4 hours ago, Hyuga said:

a western Europêan country close to Germany 

Why not just tell us the name of the country? Or are we playing a guessing game?

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: AOS (apr) Country: Philippines
Timeline
47 minutes ago, JFH said:

Why not just tell us the name of the country? Or are we playing a guessing game?

I'm guessing Serbia, the "Philippines" of Europe 

YMMV

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