Marriage and AOS while on a tourist visa

[mushroomspore 3,044]

20 hours ago, inloveVEN said:

Yes you can apply, certainly they are going to ask a lot of questions. The important thing here is that you have a real story and just need to talk about it with the true. So  just get mary show all your love, collect evidences or poof of your real relationship and congratulations. 

 

there are a lot of myth but i must insist when your history is true you dont have to be worried. because you can answer with the true with no contradictions 

 

best of lucks !!

No they're not. I adjusted from B2 status and the interviewer only asked us like 3 questions; none of them were about intent. Intent is determined at the border.

[geowrian 22,337]

4 hours ago, mushroomspore said:

B2 and ESTA/VWP are basically in the same category as they are both for tourists/visitors. Easy to search for "AoS from ESTA" as well. And as everyone has pointed, AoS from ESTA is not illegal so long as there was no premeditated intent to enter the US and then remain inside the US to adjust.

In this case, yes, the difference is likely not material.

In general, AOS (and COS) from VWP is prohibited. The exception here is being an IR of a USC allows for AOS.

Also, VWP entrants cannot contest removal (except in limited cases....I believe in the 9th district?). So really focus on getting it right the first time as they can just start removal and have no means to challenge it.

[KurtDarryl23 14]

In regards to intent will having had applied for a K1 prior to visiting provide any issues. We had applied for K1 in Jan and then I had come to visit for a few weeks in late February. Needless to say whilst I was visiting the world went crazy and I was put on leave from work so actually allowed me to stay longer as had no dire need to return home to work. Our K1 was approved whilst I was still visiting and after not feeling well and having had some satisfactory departures approved we both decided we wanted to withdraw the K1 one and get married and adjust. No preconceived intent at all. Needlessly to say we married and are about ready to file. 
 

any thoughts guys:)

[remotercharm 31]

5 minutes ago, KurtDarryl23 said:

In regards to intent will having had applied for a K1 prior to visiting provide any issues. We had applied for K1 in Jan and then I had come to visit for a few weeks in late February. Needless to say whilst I was visiting the world went crazy and I was put on leave from work so actually allowed me to stay longer as had no dire need to return home to work. Our K1 was approved whilst I was still visiting and after not feeling well and having had some satisfactory departures approved we both decided we wanted to withdraw the K1 one and get married and adjust. No preconceived intent at all. Needlessly to say we married and are about ready to file. 
 

any thoughts guys:)

 

Did you come on ESTA?  Just curious as you say you came into the US in february and are only now filing for AOS?

[KurtDarryl23 14]

1 minute ago, remotercharm said:

 

Did you come on ESTA?  Just curious as you say you came into the US in february and are only now filing for AOS?

Yes Esta, I had 3 grants of satisfactory departure due to not feeling well and showing symptoms and then my husband wasn’t feeling well so we didn’t want to risk travelling and potentially spreading something we may have. It’s just taken till now because of the requirements needed and evidence and to sort out.

[Chifolito 3]

Hi guys, I've been reading all your comments and the doubt I still have is, if the 90-day is in place, would be a problem getting married between the 80th and the 90th day?

 

The AOS should be submitted before the 90th day? Or receipt date before 90th day like with the K1 process?

 

Also, if the EAD takes 30-90 days with AOS after K1, what's the difference with the EAD after AOS from ESTA?

 

Thank you guys for all your info, my fiance (US Citizen) lost her mother and weeks later one of her brothers during the pandemic, and while she was alone and us waiting for the K1. Now that I'm in the US, we're thinking about this because she suffered enough being alone. 

[Chancy 6,241]

 

1 hour ago, Chifolito said:

Hi guys, I've been reading all your comments and the doubt I still have is, if the 90-day is in place, would be a problem getting married between the 80th and the 90th day?

 

The AOS should be submitted before the 90th day? Or receipt date before 90th day like with the K1 process?

 

If you are going to AOS from ESTA, there is no 90-day rule like for K1 to get married and reduce the effort and expense for AOS.  Whether you get married and file before or after day 90, you'll have to do concurrent filing of I-130 and I-485.  As the spouse of a US citizen, you are eligible to file for AOS even after your allowed duration of stay.

 

However, if you don't file before day 90 when your I-94 expires, you will be out of status and deportable.  The chances of getting in trouble with ICE is very low but is not zero, so I recommend you do all you can to file before day 90.  A pending AOS grants you authorized stay in the US and the AOS NOA1 letter will be your proof of that.  Other VJ members have reported getting their NOA1 only after 30 days or more from submitting their AOS package.

 

59 minutes ago, Chifolito said:

Also, if the EAD takes 30-90 days with AOS after K1, what's the difference with the EAD after AOS from ESTA?

 

That may have been true years ago, but current estimates for EAD processing is 4.5 to 6.5 months, whether it's AOS from K1 or ESTA.

 

https://egov.uscis.gov/processing-times/

 

[13din25 0]

On 10/6/2020 at 7:12 AM, remotercharm said:

Our k1 interview was cancelled in London in March with no idea when it will resume.  My fiance has been in the US visiting me and will have to leave in about 6 weeks.  I know its risky but suddenly thought today maybe we should just get married and try to apply for AOS. My friend did it years ago (i know rules have changed since).  To make it clear there was zero intention of this on his visit.  And given the fact they won't or can't resume processing visas in the near future it seems like an obvious thing to do now he's here.  I know there is the 30/60 day rule, so could do it after the 60 day mark.  I guess the worry is whether they could process it in time.  If he gets banned forever because they think its a fraud or whatever, I wouldn't be hugely disappointed, and just go to the UK instead.  I'm not exactly sure how bad a denial would be on his chances of still getting the k1 interview.

 

*Not sure this is the best forum to post this question is but couldnt think of a better one.

@remotercharm Was there any update on your case please? How did the interview go? What did they ask? Could you let us know please?

[remotercharm 31]

17 hours ago, 13din25 said:

@remotercharm Was there any update on your case please? How did the interview go? What did they ask? Could you let us know please?

The interview was 15 minutes and very easy.  We were approved and got green card in the mail a week later.  Most of all the questions were just when we met, how we met, visits.  Not about how he came on a tourist visa.  Also asked about our wedding which we had a good reason to not have which was the pandemic.  She kept the photo collage took and some financial proof of renting a place together and his bank statement that showed him paying rent to me.  We have totally separate finances which didn't seem to be an issue.

Edited November 27, 2021 by remotercharm