AoS from Esta (merged)

[Devale 9]

Good morning to evryrone. 

I'm currently in the US on a an esta with the wt program. I've met my now husband for the first time after some months of remote relationship and out of the spur he proposed and we got married. 

I was sure I would got back home but now I'm starting to have doubt. 

 

I haven't lied at the PoE because I honestly was just visiting and I was honest about meeting my then boyfriend. 

Also, he is in the military. 

Will aos create problems? Is it illegal as stated in different forum/groups? 

 

Sorry if the questions might seem dumb but I'm really torn and insecure. 

[Crazy Cat 41,858]

From what you have posted, you can legally stay and adjust status.  Just be aware of the work and travel restrictions (6-8 months) associated with adjustment.  It is not illegal, and there will be no issue at AOS.

 

 

[Devale 9]

thank you for your reply! ☺️ Yes, I'm aware. If we take the final decision I'll ask for ap and ead and keep working on my university tests in Italy in the meantime. (I will take it when I'll be able to travel) 

 

Do you advise to hire a lawyer? 

[Crazy Cat 41,858]

1 minute ago, Devale said:

thank you for your reply! ☺️ Yes, I'm aware. If we take the final decision I'll ask for ap and ead and keep working on my university tests in Italy in the meantime. (I will take it when I'll be able to travel) 

 

Do you advise to hire a lawyer? 

I would not hire an attorney unless there is some complication which you have not mentioned. Many members here have adjusted status after entering via ESTA.

Edited December 3, 2020 by Lucky Cat

[Crazy Cat 41,858]

It is illegal to enter the US via ESTA or some other non-immigrant route with the intent to stay and adjust status.  According to your post, you did not....thus adjusting status is perfectly legal to adjust status in your case.

Edited December 3, 2020 by Lucky Cat

[Devale 9]

Just now, Lucky Cat said:

It is illegal to enter the US via ESTA or some other non-immigrant route with the intent to stay and adjust status.  According to your post, you did not....thus adjusting status is perfectly legal in your case.

In October I subscribed and paid a in-person class in Italy and I changed my ticket (I still have my return date) and my dog was with a dog sitter. The intention changed because we found ourselves way more in love than we thought and it's hard to go back. 

 

No previous issues, I never over stayed, it's my 3rd trip and 2nd in 5 years nor I asked for any visa whatsoever. 

[Crazy Cat 41,858]

Just now, Devale said:

In October I subscribed and paid a in-person class in Italy and I changed my ticket (I still have my return date) and my dog was with a dog sitter. The intention changed because we found ourselves way more in love than we thought and it's hard to go back. 

 

No previous issues, I never over stayed, it's my 3rd trip and 2nd in 5 years nor I asked for any visa whatsoever. 

No issue......if your intent was seen as wanting to stay and adjust, CBP would not have allowed you to enter the US.  Just study and follow the guide I posted.  You should file the I-485 package before your I-94 expires.......else you will be subject to detention and deportation like any other tourist.  Marrying a US citizen, in itself, confers no immigration rights.

Your husband is a US citizen, correct?

[Devale 9]

1 minute ago, Lucky Cat said:

No issue......if your intent was seen as wanting to stay and adjust, CBP would not have allowed you to enter the US.  Just study and follow the guide I posted.  You should file the I-485 package before your I-94 expires.......else you will be subject to detention and deportation like any other tourist.  Marrying a US citizen, in itself, confers no immigration rights.

Your husband is a US citizen, correct?

Correct. He is a US citizen. 

 

The lawyer we've talked to briefly told us of file after the 90th day but I don't feel safe about that. 

 

I've seen that you should send the package to Chicago, is it correct? 

 

Thank you so much for your reply. 

[Crazy Cat 41,858]

2 minutes ago, Devale said:

Correct. He is a US citizen. 

 

The lawyer we've talked to briefly told us of file after the 90th day but I don't feel safe about that. 

 

I've seen that you should send the package to Chicago, is it correct? 

 

Thank you so much for your reply. 

The attorney is incorrect. That is a myth.....you can do what is called a "concurrent filing"......meaning both an I-130 and an I-485 filed together.

There is absolutely no reason to wait until after 90 days to file....none whatsoever.

Edited December 3, 2020 by Lucky Cat

[Crazy Cat 41,858]

If you wait until after your I-94 has expired, you are needlessly placing yourself at risk of deportation.

[Devale 9]

Just now, Lucky Cat said:

The attorney is incorrect. That is a myth.....you can do what is called a "concurrent filing"......meaning both an I-130 and an I-485 filed together.

Yes, I've seen that. The USCIS website list Chicago as the adress (we are in San Antonio, Texas). 

Is it the right place? 

 

We should be able to file in a matter of days, right before my esta expires. 

[HRQX 4,145]

4 minutes ago, Devale said:

In October I subscribed and paid a in-person class in Italy and I changed my ticket (I still have my return date) and my dog was with a dog sitter.

You mentioned that your spouse is in the military. Is your spouse usually deployed abroad? If so, after you become a Lawful Permanent Resident, you may be eligible for expedited citizenship: https://www.uscis.gov/military/citizenship-for-military-family-members If you get 2-year GC you would completely bypass Removal of Conditions process: "Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization." https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4 For example:

 

Also, the CR-1 path tends to be faster than Adjustment of Status. And Naples is pretty much caught up with normal IR-1/CR-1 case load since those were the only cases processed by that IV unit for many months.

6 minutes ago, Devale said:

I've seen that you should send the package to Chicago, is it correct?

Yes. Chicago Lockbox for complete Adjustment of Status package.

[Devale 9]

4 minutes ago, HRQX said:

You mentioned that your spouse is in the military. Is your spouse usually deployed abroad? If so, after you become a Lawful Permanent Resident, you may be eligible for expedited citizenship: https://www.uscis.gov/military/citizenship-for-military-family-members If you get 2-year GC you would completely bypass Removal of Conditions process: "Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization." https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4 For example:

 

Also, the CR-1 path tends to be faster than Adjustment of Status. And Naples is pretty much caught up with normal IR-1/CR-1 case load since those were the only cases processed by that IV unit for many months.

Yes. Chicago Lockbox for complete Adjustment of Status package.

He is not deployed abroad for now, he will be in Texas for 3 years. 

 

What would you advise? Go back home? 

I'm honestly torn, also because it was the first meeting so we don't have tons of evidence. Plus, all the hardship of saying goodbye as newlyweds etc. 

 

Edited December 3, 2020 by Devale

[HRQX 4,145]

12 minutes ago, Devale said:

What would you advise? Go back home?

Ultimately, it's a personal decision. Is the dog sitting for an indefinite time period? Have you looked into the import requirements? https://www.aphis.usda.gov/aphis/pet-travel/bring-pet-into-the-united-states/pet-travel-dogs-into-us "Airlines may have separate and additional requirements. Check with your airline to determine what requirements they may have."

Edited December 3, 2020 by HRQX

[Devale 9]

Thank you! 

Yes, at least knowing we do have both options is immensily helpful since from groups etc. the aos seemed to be illegal and unfeasible. 

No, I need to have my dog shipped here somehow if I stay. Thank for the link!