Married with an ESTA (tourist) visa

[Linda91 3]

Hi,

My family and i came to the states for a family vacation (with ESTA/tourist visa). My american citizen boyfriend of 3 years spent some time with us. After 86 days together, he asked me to marry him because he couldnt bare to seperate from me. We are now married. How do we go on from here? What steps do we take? What forms do we need to submit? Will we be denied?

 

My ESTA visa is about to expire in 3 days, will that be a problem with the process?

 

Thank you,

Linda 

 

[little immigrant 801]

Do you want to go back home or stay? 

[Lil bear 4,233]

You can either apply to

Adjust your Status (AOS) to a permanent resident on the basis of marriage to a USC.... that all takes place with you and your children remaining here in the US.. or you return to your home country before your lawful stay expires and file for an immigrant visa for a spouse from there. (Consular processing ) 

 

Adjusting  status will mean that you can’t work  until you receive employment Authorization ( 4 to 6 months after applying ) and if you leave the US before receiving Advanced Parole ( also 4 to 6 months ) then you can’t reenter the US , your Adjustment is abandoned  and you begin from the start in a spouse visa while remaining in your home country (12-15 months) 

Adjusting status on the spur of a moment decision is not an easy task when reality hits about what you .. and your children .. can’t do until critical processing stages are completed. Should you decide to stay and adjust status , you will be out of legal stay as a visitor in 4 days time .. risky ... and only granted lawful stay once your applications have been received. 

 

Crash course on both AOS and Consular processing for a spouse of a USC better be late night reading I think.

 

If he doesn’t want to be separated .. and who does .. then maybe it’s simpler for him to uproot himself and move back with you in the next 3 days. 

[Linda91 3]

3 minutes ago, Lil bear said:

You can either apply to

Adjust your Status (AOS) to a permanent resident on the basis of marriage to a USC.... that all takes place with you and your children remaining here in the US.. or you return to your home country before your lawful stay expires and file for an immigrant visa for a spouse from there. (Consular processing ) 

 

Adjusting  status will mean that you can’t work  until you receive employment Authorization ( 4 to 6 months after applying ) and if you leave the US before receiving Advanced Parole ( also 4 to 6 months ) then you can’t reenter the US , your Adjustment is abandoned  and you begin from the start in a spouse visa while remaining in your home country (12-15 months) 

Adjusting status on the spur of a moment decision is not an easy task when reality hits about what you .. and your children .. can’t do until critical processing stages are completed. Should you decide to stay and adjust status , you will be out of legal stay as a visitor in 4 days time .. risky ... and only granted lawful stay once your applications have been received. 

 

Crash course on both AOS and Consular processing for a spouse of a USC better be late night reading I think.

 

If he doesn’t want to be separated .. and who does .. then maybe it’s simpler for him to uproot himself and move back with you in the next 3 days. 

I don't have children. We both don't want to seperate. 

5 minutes ago, little immigrant said:

Do you want to go back home or stay? 

We both prefer not to seperate from each other.

[Lil bear 4,233]

Just now, Linda91 said:

I don't have children. We both don't want to seperate. 

Sorry .. my incorrect interpretation of “ me and my family “ 

 

You need to do a lot of reading regarding both the Adjustment of Status  process and the Consular  process. It’s a long expensive process either way ..the  reality of what waiting for the work Authorization and travel Authorization is really like us often overlooked.  No work , no driving , so study , no income ... it can be done but it’s only easy on dreams and it puts a huge strain on even solid relationships. It breaks couples who thought they were unbreakable  

You’ll find the AOS guide under the Guides tab .. it’s going to cost around $1200 to file .. that should be done ASAP.. then add medical exam fees , vaccinations etc. and that’s just the first of several

strps to getting your unconditional green card. You won’t be denied because you overstayed your allowed visitors stay .. but until you have filed and received your notice that they have received it , you will be illegal.. an illegal alien .. and can be deported.  Low risk yes .. but huge consequences to ever living or visiting the US again soon. 

[Ontarkie 14,236]

~~Moved to AOS from Work, Student & Tourist Visas, from Tourist Visas ~~

[Linda91 3]

5 minutes ago, Lil bear said:

Sorry .. my incorrect interpretation of “ me and my family “ 

 

You need to do a lot of reading regarding both the Adjustment of Status  process and the Consular  process. It’s a long expensive process either way ..the  reality of what waiting for the work Authorization and travel Authorization is really like us often overlooked.  No work , no driving , so study , no income ... it can be done but it’s only easy on dreams and it puts a huge strain on even solid relationships. It breaks couples who thought they were unbreakable  

You’ll find the AOS guide under the Guides tab .. it’s going to cost around $1200 to file .. that should be done ASAP.. then add medical exam fees , vaccinations etc. and that’s just the first of several

strps to getting your unconditional green card. You won’t be denied because you overstayed your allowed visitors stay .. but until you have filed and received your notice that they have received it , you will be illegal.. an illegal alien .. and can be deported.  Low risk yes .. but huge consequences to ever living or visiting the US again soon. 

The financial part is not a problem for us. We are going to file ASAP but how long will it take for us to receive our notice that they have received it?

Thank you

[Mrs Thor 16]

If you do want to stay, get married ASAP! It will take a while for you to get your marriage certificate (requirement for the AOS application). You can go through the Adjustment of Status where you both file I-130 and I485 (Concurrent Filing). It will cost more or less $ 2000. After you submit the concurrent application,  it will take 7 - 10 days for you to recieve notice from USCIS. Waiting is the hardest part of this process. I am going through the same thing right now, and I am just at home all the time. No work. Can't drive. Very bored.  

[Lil bear 4,233]

3 minutes ago, Linda91 said:

The financial part is not a problem for us. We are going to file ASAP but how long will it take for us to receive our notice that they have received it?

Thank you

Do you have your birth certificate and any other required documents with you ? 

I think it’s taking around 3 to 4 weeks after filing to get the NOA1. Notice of action 

[Mrs Thor 16]

10 minutes ago, Lil bear said:

Do you have your birth certificate and any other required documents with you ? 

I think it’s taking around 3 to 4 weeks after filing to get the NOA1. Notice of action 

Incorrect. Once the USCIS recieved the application, it will take 7 - 10 days for you to recieve the NOA1. They will send it either via text or mail or both. 

[Linda91 3]

2 minutes ago, Mrs Thor said:

If you do want to stay, get married ASAP! It will take a while for you to get your marriage certificate (requirement for the AOS application). You can go through the Adjustment of Status where you both file I-130 and I485 (Concurrent Filing). It will cost more or less $ 2000. After you submit the concurrent application,  it will take 7 - 10 days for you to recieve notice from USCIS. Waiting is the hardest part of this process. I am going through the same thing right now, and I am just at home all the time. No work. Can't drive. Very bored.  

We got married already, so we also got the marriage certificate. My husband is looking what to file online ATM. The office doesn't really pick up our calls either.

 

How long do you have to wait til you can work and drive? 

 

Did you also enter with tourist visa? 

[Linda91 3]

13 minutes ago, Lil bear said:

Do you have your birth certificate and any other required documents with you ? 

I think it’s taking around 3 to 4 weeks after filing to get the NOA1. Notice of action 

What documents are needed? I got my passport of course, where all my I information is. 

[Lil bear 4,233]

Just now, Linda91 said:

We got married already, so we also got the marriage certificate. My husband is looking what to file online ATM. The office doesn't really pick up our calls either.

 

How long do you have to wait til you can work and drive? 

 

Did you also enter with tourist visa? 

The work Authorization EAD  should be applied for at the same time as the Adjustment of Status   It is taking 4-6 months.. Drivers licence laws are state governed so take a look at your state websites for what their rules  are and what documentation is needed.  

[Mrs Thor 16]

1 minute ago, Linda91 said:

We got married already, so we also got the marriage certificate. My husband is looking what to file online ATM. The office doesn't really pick up our calls either.

 

How long do you have to wait til you can work and drive? 

 

Did you also enter with tourist visa? 

I entered with a student visa. We submitted our application this first week of June 2019, so I am hoping I could get my employment authorization soon. They said it will take 4 - 6 months. You can both file for I-130 and I-1485. 

[Lil bear 4,233]

6 minutes ago, Linda91 said:

What documents are needed? I got my passport of course, where all my I information is. 

You will need an official birth certificate from your home country.  Look st the instructions for the forms you’ll be using .. there is a separate PDF for instructions on the same USCIS webpage as the firm. Always go direct to the USCIS page for the forms. 

You will need

I 130.  

I 485. 

I 131 

I 765

 

https://www.uscis.gov/forms

 

down load the needed forms as well as the instructions. Read read and reread. Come back and ask questions to assist you with getting the forms correct 

Edited August 21, 2019 by Lil bear