Considering AOS from VWP/ESTA due to Corona

[goolies 10]

Hi All,

 

I am a Brit, visiting my girlfriend (USC) in the US on the ESTA Visa-Waiver program.

 

With the recent changes due to Coronavirus (the US travel ban and now the UK government advising against all but essential travel to the US) we are now worried that we could be forcibly separated for a long time in which either one of us could be seriously ill and unable to support the other. We are considering marrying and doing AOS to allow me to stay. Before, we had been looking at the K1 visa, but now I am scared about going back during the pandemic and leaving my partner. I am freelance and between jobs, and was planning to visit for 2 months. I would have the money and time to wait for AP/EAD, but probably not for an immigration attorney. AOS from VWP seems potentially risky, as if I understand correctly by coming on the ESTA/VWP you waive certain rights of appeal. 

 

Any advice would be very much appreciated. In particular:

- I only arrived in the country last week. I have seen much debate about whether intent is determined at the point of entry, and I don't know what to think about the supposed 30/60/90 day rules. If we decide to do this, should we wait before doing so? I would prefer to do it as soon as possible.

- I only have travel insurance (which will become invalid once the UK government advice comes into effect on Tuesday), and my partner cannot add me on to their health insurance policy. I understand I will need health insurance for AOS. Is it possible to get a health insurance policy that meets the requirements for AOS, as a visitor who is already in the country.

- Any estimations of how long AP/EAD will take. I know I can look at the timelines, but in a rush with all this new information I am getting a bit confused.

Thank you for any help. This forum is a great resource.

 

 

 

[Crazy Cat 41,837]

There is no 30/60/90 day rule....there is no reason to wait.  Currently, the average wait for other VJ members is about 140 days from filing to approval of an EAD/AP.  

Edited March 15, 2020 by Lucky Cat

[Boiler 45,470]

Well to  buy Insurance through the exchange you need to marry and file, the NoA ia what will make you eligible. The 30/60/90 is just misinformation, ignore it.

 

Check your Travel Insurance, depends but that blanket statement does not sound right.

 

Marry file to adjust asap would seem the best bet, AP/EAD has been 5 months? Now who knows. There is the Expedite option as well.

[DELETEME1234 208]

Pretty much all has been said about this. 

 

No reason to wait. AP/EAD is indicated to take about 6 months, expedite is also an option if you have an emergency or job offer respectively, issue however is that we don't know how USCIS processing times will be affected amidst all this, so no guarantees here. 

 

Technically you don't need a SSN to get health insurance (as many might tell you), in practice it is really hard to get an insurance to accept you. I'd take a look at the health exchange of your state and see what they indicate. You might have to do some battles on the phone to make things work. The travel insurance wouldn't have counted anyways. 

 

 

 

 

[goolies 10]

Thank you all for your help. Have to hope now that the government's resources don't get so stretched that USCIS grinds to a halt.

[goolies 10]

Update:
For anybody reading this after searching for keywords like AOS, i485, ESTA VWP.

I submitted my AOS and was approved. As many people on the forum have explained, it's possible to adjust status from the visa waiver program and the 30/60/90 day rule is not based in fact. Whether you are intending to immigrate or not is determined at the point of entry, so if you are already in the country and decide to go through the AOS process and stay due to a real marriage, it should not be a problem that you arrived on the VWP.