AOS after marriage to USC and entry with ESTA while K1 pending

[GoodThinking 9]

OK I'm sorry if this asking the same thing than other people but long story short. 

I had a K1 pending, I flew to the US to visit my USC fiancé in February. 

During the trip, I was able to schedule my K1 interview in April

in March the pandemic happens and my retrun flight keeps getting cancelled/reschedule. 

I have health Insurance here and can work remotely so I decide to stay because the lockdown sure is scary in terms of potential separation from my partner

interview got delayed twice

the return flight rescheduled on the expiration date of my ESTA-stay was finally completely cancelled mid april. 
Late april we decide to get married and file for AOS because of the risk of a second wave and another lockdown/travel ban

We' re in the process of getting a marriage license which is not simple right now and makes it likely for me to have to overstay to get married (about 2-3 weeks)

 

Question is: will overstaying be a problem for the AOS? Do I have to ask for an extension of my lawful presence if there's such a thing?

What are the risks of overstaying? at what time of the process am I subject to deportation/ban?

 

I intend on filing:

i-130 + i-130A petition for alien relative

i-485 Application for green card

G-1145

i-864 Affidavit of support

i-944

i-693 medical + vaccination

i-765 employment

i-131

 

Do I need to file more? 

When is the medical happening, should I do it before filing?

 

Thanks so much in advance for any help

The decision is a tough one in these confusing time, so I'm hoping to get no judgement please, just benevolence!

 

Stay safe and take care of one another.

[HRQX 4,145]

45 minutes ago, Decourty said:

will overstaying be a problem for the AOS?

Not an issue: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 "Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21."

45 minutes ago, Decourty said:

i-693 medical + vaccination

That can be submitted later at the I-485 interview: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4 "If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report."

45 minutes ago, Decourty said:

at what time of the process am I subject to deportation/ban?

Whenever out of status or not in authorized stay. Realistically, you probably won't be on ICE's radar. If you are concerned you can call the EOIR automated hotline at 1-800-898-7180 to continually check if there have been any immigration proceedings scheduled. Your A-number should be on the I-129F approval notice above your name. But while the I-485 is pending you'll be in a period of stay authorized by the Secretary of Homeland Security.

Edited May 8, 2020 by HRQX

[Duke & Marie 1,389]

1 hour ago, Decourty said:

 

I have health Insurance here and can work remotely so I decide to stay

 

I intend on filing:

i-130 + i-130A petition for alien relative

i-485 Application for green card

G-1145

i-864 Affidavit of support

i-944

i-693 medical + vaccination

i-765 employment

i-131

 

Do I need to file more? 

When is the medical happening, should I do it before filing?

 

The forms you listed are correct. Do your medical after your interview is scheduled. 

 

its good you have health insurance... Currently Youre a tourist and CANNOT WORK EVEN REMOTELY until you’re i765 is approved. 

Edited May 8, 2020 by Duke & Marie

[GoodThinking 9]

11 minutes ago, Duke & Marie said:

The forms you listed are correct. Do your medical after your interview is scheduled. 

 

its good you have health insurance... Currently Youre a tourist and CANNOT WORK EVEN REMOTELY until you’re i765 is approved. 

even for a french company?

[Just Paul 4,595]

3 minutes ago, Decourty said:

even for a french company?

Working in the US without DHS authorization isn't permitted.   

 

The US does not have working vacation visa.

[Duke & Marie 1,389]

21 minutes ago, Decourty said:

even for a french company?

Nope.. not for any company, while you’re in the US without work authority issued by DHS

Edited May 8, 2020 by Duke & Marie

[portorusa 431]

I read somewhere that work without permit is forgiven for immediate relatives of the USC...

[GoodThinking 9]

1 minute ago, portorusa said:

I read somewhere that work without permit is forgiven for immediate relatives of the USC...

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;
• The applicant is not in lawful immigration status on the date he or she files the adjustment application;
• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;
• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;
• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or
• The applicant has ever violated the terms of his or her nonimmigrant status.

@portorusa That's what I read here and it's been confirmed by people in my case before

[Mollie09 1,543]

7 hours ago, Decourty said:

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;
• The applicant is not in lawful immigration status on the date he or she files the adjustment application;
• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;
• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;
• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or
• The applicant has ever violated the terms of his or her nonimmigrant status.

@portorusa That's what I read here and it's been confirmed by people in my case before

In this forum we can't tell people to do things that go against the law - it's against the TOS.

You are not allowed to work in the US without authorization for any employer for any amount of time for any pay (or for no pay!) for any reason. Period.

[GoodThinking 9]

2 minutes ago, Mollie09 said:

In this forum we can't tell people to do things that go against the law - it's against the TOS.

You are not allowed to work in the US without authorization for any employer for any amount of time for any pay (or for no pay!) for any reason. Period.

I haven't told anyone to do anything illegal OK? If anything I'm actually looking to not do anything illegal. We're all just looking for experiences and facts about what happens to people in the same situation here and try to understand what the law says because believe it or not, it's not always clear.
The paragraph I quoted is from the USCIS website https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 one could argue that there are several ways to read it. But, in threads about that issue on this forum (where apparently it's not frowned upon to ask a question) it most definitely is a grey area. The work ban being about protecting american jobs, I believe the law just hasn't been updated regarding remote work but it probably will. 

 

That being said, and so as to not mislead anyone, given what the USCIS policy manual states and forum members' experiences whit it, and again, only for immediate relatives of a USC working remotely doesn't seem to conflict with adjusting status. 

Now if anyone reads this specific guideline otherwise or has a negative experience to share contradicting this, I'm all ears!

 

Thank you all for your replies

 

[portorusa 431]

54 minutes ago, Mollie09 said:

In this forum we can't tell people to do things that go against the law - it's against the TOS.

You are not allowed to work in the US without authorization for any employer for any amount of time for any pay (or for no pay!) for any reason. Period.

You are not allowed to AOS from B2 or ESTA, either. Period. However, more and more people do it , and by advice from this forum members and with their encouragement.

[Lil bear 4,219]

6 minutes ago, portorusa said:

You are not allowed to AOS from B2 or ESTA, either. Period. However, more and more people do it , and by advice from this forum members and with their encouragement.

This is incorrect.  AOS from B2 or ESTA is legal..... people’s circumstances change..  What is illegal is entering on a B2 or ESTA with the intent to AOS. 

[GoodThinking 9]

 

9 minutes ago, portorusa said:

You are not allowed to AOS from B2 or ESTA, either. Period. However, more and more people do it , and by advice from this forum members and with their encouragement.

Just now, Lil bear said:

This is incorrect.  AOS from B2 or ESTA is legal..... people’s circumstances change..  What is illegal is entering on a B2 or ESTA with the intent to AOS. 

That highlights the importance of reading policy manuals! If your intent wasn't to get married and you did not lie at PoE and your situation changed, then it's allowed...otherwise it would always get denied.

[Mollie09 1,543]

41 minutes ago, portorusa said:

You are not allowed to AOS from B2 or ESTA, either. Period. However, more and more people do it , and by advice from this forum members and with their encouragement.

You are 100% allowed to AOS from B2 or ESTA, not sure where you get that idea.

[Calicolom 266]

1 hour ago, Mollie09 said:

You are 100% allowed to AOS from B2 or ESTA, not sure where you get that idea.

They are visitors visas, not marriage visas.