AoS from Esta (merged)

[Chancy 6,243]

30 minutes ago, Devale said:

AOS from an esta

 

What is your basis for adjusting status?  Are you married to a US citizen?

 

[HRQX 4,145]

29 minutes ago, Devale said:

but I need to understand how it work when it comes to the status I will be in

After I-94 expires you won't have status, but while I-485 is pending you'll be in a period of stay authorized by the Secretary of Homeland Security.

[Keashley 1]

Is it a marriage based AOS?
I am sure others are more knowledgeable  but as far as I understand, as soon as you have submitted your AOS you are legally allowed to stay until a decision is made on your case. You'll want to make sure you keep your receipt notice safe once you get it as it becomes your proof that you are legally here. I believe it goes by the priority date which is usually the date USCIS receives your application (though it can take a while to get the receipt after they receive it).

I do know that it can cause problems if you submit an AOS application within the first 90 days of being in the country. I think this is called the 90 day rule, though I am not sure how much of a hard "rule" it is. Perhaps someone else can give more information on this as I know ESTA is only valid for 90 days and you would want to apply before being out of status.

[Devale 9]

5 minutes ago, Chancy said:

 

What is your basis for adjusting status?  Are you married to a US citizen?

 

Yes. USC, we've met after a long distance relationship for the first time during this trip. Not lied at the Port of Entry.

 

Edited December 8, 2020 by Devale

[Devale 9]

2 minutes ago, HRQX said:

After I-94 expires you won't have status, but while I-485 is pending you'll be in a period of stay authorized by the Secretary of Homeland Security.

OK, so if it's filed and received withing the 90 days or a few days after, I'll not risk being deported while I wait for the adjudication, right? 

[Chancy 6,243]

3 minutes ago, Devale said:

OK, so if it's filed and received withing the 90 days or a few days after, I'll not risk being deported while I wait for the adjudication, right? 

 

Until you receive your I-485 receipt notice (what we call NOA1 here on VJ), I suggest you keep a low profile.  The I-485 NOA1 will be your proof that you have authorized stay in the US.  If you ever get into an unlucky situation where you are asked to provide proof of your status, if you are not able to show your NOA1 letter, you could be detained.  The chance of this happening is very low but not zero.  So file your AOS paperwork as soon as possible.  Once you get your NOA1, always carry it with you along with your passport.

 

[Devale 9]

Just now, Chancy said:

 

Until you receive your I-485 receipt notice (what we call NOA1 here on VJ), I suggest you keep a low profile.  The I-485 NOA1 will be your proof that you have authorized stay in the US.  If you ever get into an unlucky situation where you are asked to provide proof of your status, if you are not able to show your NOA1 letter, you could be detained.  The chance of this happening is very low but not zero.  So file your AOS paperwork as soon as possible.  Once you get your NOA1, always carry it with you along with your passport.

 

OK. After that I'll be fine tho, right? 

My biggest fear is that I should at a certain point go back for a few weeks. I know about the Advance Parole but I'm afraid of a potential overstay. 

 

18 minutes ago, Keashley said:

Is it a marriage based AOS?
I am sure others are more knowledgeable  but as far as I understand, as soon as you have submitted your AOS you are legally allowed to stay until a decision is made on your case. You'll want to make sure you keep your receipt notice safe once you get it as it becomes your proof that you are legally here. I believe it goes by the priority date which is usually the date USCIS receives your application (though it can take a while to get the receipt after they receive it).

I do know that it can cause problems if you submit an AOS application within the first 90 days of being in the country. I think this is called the 90 day rule, though I am not sure how much of a hard "rule" it is. Perhaps someone else can give more information on this as I know ESTA is only valid for 90 days and you would want to apply before being out of status.

Thank you!! 😊

[Chancy 6,243]

7 minutes ago, Devale said:

My biggest fear is that I should at a certain point go back for a few weeks. I know about the Advance Parole but I'm afraid of a potential overstay. 

 

If you are the spouse of a USC and you have AP, you will not get in trouble on re-entry just because of a previous overstay, even if you had overstayed in the US for years.

 

[Devale 9]

4 minutes ago, Chancy said:

 

If you are the spouse of a USC and you have AP, you will not get in trouble on re-entry just because of a previous overstay, even if you had overstayed in the US for years.

 

Thank you! 

It would end up being a few days mostly, if they go by received date. 

So no risk of being deported out of the blue with the NOA1, right? 

 

Consular process from here seem less of an hassle but being apart again is really hard, even if my consulate seem on track (Naples). Plus, I'm waiting to see if I'm pregnant, as it seem. 😕

Also, I admit the whole fuss against AOS in groups make it scary as hell. 

[Chancy 6,243]

1 hour ago, Keashley said:

I do know that it can cause problems if you submit an AOS application within the first 90 days of being in the country. I think this is called the 90 day rule, though I am not sure how much of a hard "rule" it is.

 

That "90-day rule" is a myth.  You may submit your AOS paperwork within 90 days of arriving in the US if your circumstances change during your trip (like meeting a USC then being proposed to).  Here's what the official USCIS site says about it -- "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers."

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

However, that same section goes on to say that the AOS applicant could get in trouble if USCIS officers find evidence of willful misrepresentation, like if the applicant lied about the purpose of their travel.  And it doesn't matter even if AOS was filed well after 90 days of arrival.  There is no statute of limitations for misrepresentation on immigration-related matters.  For example, on secondary inspection by CBP, you declare that the purpose of your trip is "to sightsee with friends".  Then for your AOS application, you submit evidence that you had been planning for a big hotel wedding on that date for many months prior to your arrival.  Note that the issue is lying to immigration officers, not the part about getting married in the US.  If your circumstances truly changed during your trip, USCIS is not likely to find any evidence of willful misrepresentation no matter how hard they search.

 

[Devale 9]

4 minutes ago, Chancy said:

 

That "90-day rule" is a myth.  You may submit your AOS paperwork within 90 days of arriving in the US if your circumstances change during your trip (like meeting a USC then being proposed to).  Here's what the official USCIS site says about it -- "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers."

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

However, that same section goes on to say that the AOS applicant could get in trouble if USCIS officers find evidence of willful misrepresentation, like if the applicant lied about the purpose of their travel.  And it doesn't matter even if AOS was filed well after 90 days of arrival.  There is no statute of limitations for misrepresentation on immigration-related matters.  For example, on secondary inspection by CBP, you declare that the purpose of your trip is "to sightsee with friends".  Then for your AOS application, you submit evidence that you had been planning for a big hotel wedding on that date for many months prior to your arrival.  Note that the issue is lying to immigration officers, not the part about getting married in the US.  If your circumstances truly changed during your trip, USCIS is not likely to find any evidence of willful misrepresentation no matter how hard they search.

 

Thank you! 

I've said to the officer I was visiting my boyfriend.  We eloped in a small ceremony with friends and family from remote. 

[Ontarkie 14,535]

~~Related threads merged. Please keep all related questions to one thread.  It helps members give the best possible advice.~~

[Chancy 6,243]

1 hour ago, Devale said:

So no risk of being deported out of the blue with the NOA1, right? 

 

Yes.  So file your AOS asap, then keep your NOA1 + passport with you at all times.