Married with an ESTA (tourist) visa

[geowrian 22,337]

8 minutes ago, HRQX said:

Isn't it a gray area because of the "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?" ESTA question:

 

Right - the question on the ESTA application and actual eligibility for the VWP again aren’t quite in sync. But a day of overstay would be an automatic ineligibility.

Edited August 21, 2019 by geowrian

[LionessDeon 2,060]

20 hours ago, Linda91 said:

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 

 

Please use the guides to help you in your AOS process:

https://www.visajourney.com/content/i130guide2/

 

Good Luck

[Linda91 3]

3 hours ago, Sarah G said:

I entered the US using ESTA / VWP. I was already married to my husband when I arrived, and just came for a visit while we were waiting for the spousal visa process to move forward. Shortly after I arrived, my husband asked me to stay and after much thought I agreed and we filed for AOS. 

 

As a minimum you're going to need your birth cert, passport, marriage cert, his birth cert or passport, three years of his tax/income records, passport photos, any evidence of previous divorces for either of you, or name changes for either of you, the list goes on and on. It takes a little time to put together but the good news is they want copies of everything, not originals, so you can have family scan docs and email to you and then mail them afterwards. 

 

Others have stated it's best to file before you are out of status but I recognise that will be a tough thing to do. Once I had all my docs together it took me maybe ten hours to put my packet together in a way I was happy with. If there is any way you can get it filed before you are out of status, do it. 

 

Read all the instructions carefully, and post here if you have any questions at all. 

 

It'll take about a week to get your NOA1, after you file. I carry a copy of mine with me at all times since it is the only thing I have that proves I am not in the country illegally. 

 

Very best of luck to you, and congratulations! 

Thank you for sharing your story! 

What stage of the process are you now? Did eveything went smoothly?

Wasn't a copy of your police record from your home country included in the requirements? I'd imagine that's needed. 

[lonesurvivor 48]

1 minute ago, Linda91 said:

Thank you for sharing your story! 

What stage of the process are you now? Did eveything went smoothly?

Wasn't a copy of your police record from your home country included in the requirements? I'd imagine that's needed. 

I am not who you quoted but I am in the process as well, just about to go to my interview so 95% done! Everything went smoothly and I followed the VJ links, no rfe. And no, they do not require police records. I did not submit any. Its only required for consular processing, not the AOS phase.

 

I think because you need to be checked already to apply for a B2/VWP and they probably do additional FBI checks, idk. 

[Sarah G 170]

Just now, Linda91 said:

Thank you for sharing your story! 

What stage of the process are you now? Did eveything went smoothly?

Wasn't a copy of your police record from your home country included in the requirements? I'd imagine that's needed. 

Right now I am waiting for my EAD, AP, and then interview. I still need to have a medical, which I will schedule as soon as I either receive an RFE or my interview is scheduled. I did not sent a police record/certificate. To my knowledge, it is not required for AOS, only for consular processing. It is my understanding that USCIS will perform my background check themselves. 

 

So far all has gone smoothly, we filed in mid June (I arrived in April) and I had my biometrics appointment about four weeks later. Since then I haven't heard anything except that biometrics were completed, but that's ok, i don't expect to hear anything for another month or two.

 

If I can be of any help in putting together your package just let me know. A good tip is to keep an identical copy of everything you submit so that you can take it to your interview. 

[HRQX 4,145]

47 minutes ago, Sarah G said:

It is my understanding that USCIS will perform my background check themselves.

Yup. Yet, there are some AOS cases that ended up needing a local police report:

 

[lonesurvivor 48]

2 minutes ago, HRQX said:

Yup. Yet, there are some AOS cases that ended up needing a local police report:

 

The op did live in the states on another visa before though for 5 years, maybe has something to do with it/some sort of other anomaly with the case. 

[Pengunista 221]

9 minutes ago, lonesurvivor said:

The op did live in the states on another visa before though for 5 years, maybe has something to do with it/some sort of other anomaly with the case. 

Are you talking about me as the 

 

13 minutes ago, HRQX said:

Yup. Yet, there are some AOS cases that ended up needing a local police report:

 

Yup, that would be me. Still don’t k ow why I need it but I went ahead and got police clearance. 

[lonesurvivor 48]

1 minute ago, Pengunista said:

Are you talking about me as the 

 

Yup, that would be me. Still don’t k ow why I need it but I went ahead and got police clearance. 

Yeah, saw the post as well a bit ago. seems odd. hope it works out for you

[Linda91 3]

11 minutes ago, HRQX said:

Yup. Yet, there are some AOS cases that ended up needing a local police report:

 

Even if a local police report from my home country is not mentioned, should I still get it? Just in case if they ask for it later like the case mentioned.

I've lived in the same country my whole life, and I've never had any illegal reports against me or any kind of warning from the police. 

[Sarah G 170]

4 minutes ago, Linda91 said:

Even if a local police report from my home country is not mentioned, should I still get it? Just in case if they ask for it later like the case mentioned.

I've lived in the same country my whole life, and I've never had any illegal reports against me or any kind of warning from the police. 

It wouldn't hurt to get it, you could have it there just in case they send you an RFE requesting it, then you would already have it there ready to send then a copy. I wouldn't wait to get one before you file though. 

[Pengunista 221]

4 minutes ago, lonesurvivor said:

Yeah, saw the post as well a bit ago. seems odd. hope it works out for you

Thanks, yup it’s weird. I tried to call USCIS to double check but the woman I talked to said “if I were you, I’ll follow what they ask”. 😬 And when I mentioned that I did biometrics, she said “ but in your biometrics they only took your picture and fingerprint” I guess the fingerprint during biometrics appointment is just that hahahahaha 🙄.  So basically I didn’t get any clarification whatsoever. So I went and did the police clearance. 

[ohcoffeeeyes 120]

86 days! Damn. And the CBP officer had no issue with it?

[Georgia16 2,858]

On 8/21/2019 at 4:21 PM, Linda91 said:

Even if a local police report from my home country is not mentioned, should I still get it? Just in case if they ask for it later like the case mentioned.

I've lived in the same country my whole life, and I've never had any illegal reports against me or any kind of warning from the police. 

When you have sent in all your papers for AOS use some of your time to get your vaccines records and school/education papers ect. sent over.

The vaccines papers can help you avoid to get many of them again at the medical. And you will need school papers/education papers in the future if you want to do school or work (when you are allowed to work).

 

There is a scandinavian group in here and on fb if you need help from home. 

 

Good luck.

[Calicolom 265]

At this time, i would not take a chance to adjust from a tourist or ESTA visa. They find out you had a boyfriend in the US for 3 years, your application is toast. ou may never get to the US anymore.