Withdrawing k1 and getting married on ESTA then AOS

[Crazy Cat 41,886]

****Moved to Adjustment of Status From Work, Student, and Tourist Visas*****

[TheAmelie 9]

3 minutes ago, Dashinka said:

A lot of folks probably assume things that are not there.  It is a very legal option, and people do it successfully everyday.  As to why a GC could get denied, I suspect the biggest reason (although I have no first hand knowledge) is not convincing the IO at the time of the interview that it is a bonafide marriage, so I would focus on commingling your marriage once that happens.

 

Good Luck! 

Thank you so much! I’m also worried that the USCIS officer that I’ll have my interview with will ask me of my proofs that I was going to return to my country, or that they’ll feel like I lied to CBP officer, is it something that might happen?

im sorry for asking so many questions, I’m just so worried and anxious 

[Crazy Cat 41,886]

7 minutes ago, TheAmelie said:

Thank you so much! I’m also worried that the USCIS officer that I’ll have my interview with will ask me of my proofs that I was going to return to my country, or that they’ll feel like I lied to CBP officer, is it something that might happen?

im sorry for asking so many questions, I’m just so worried and anxious 

Here is a thread posted for an interview conducted YESTERDAY!!!!   Overstayed ESTA....No problem.

 

"I was worried as I overstayed my esta but when he got to the question about if you ever violated terms and conditions of your immigration status he just said “and you overstayed your esta?” I said yes and he moved on... "

 

 

Edited December 9, 2020 by Lucky Cat

[HRQX 4,145]

23 minutes ago, TheAmelie said:

I’m also worried that the USCIS officer that I’ll have my interview with will ask me of my proofs that I was going to return to my country

When Immediate Relatives (IR) Adjust Status, then preconceived intent can't be the sole reason for denial of AOS. See Matter of Battista and Matter of Cavazos. Intent is determined at entry, not at the AOS interview.

35 minutes ago, Lucky Cat said:

Step 2:  Submit the I-485, I-131, I-765, I-944 package.

Plus a few more forms, like I-130 and I-864 that are filled-out by the US citizen. The rest of the following forms are filled-out by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[Crazy Cat 41,886]

1 hour ago, HRQX said:

When Immediate Relatives (IR) Adjust Status, then preconceived intent can't be the sole reason for denial of AOS. See Matter of Battista and Matter of Cavazos. Intent is determined at entry, not at the AOS interview.

Plus a few more forms, like I-130 and I-864 that are filled-out by the US citizen. The rest of the following forms are filled-out by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

You're right.   Thanks......

[Sinead91 249]

Get OP! I did it after the advice on this forum and many others in our situation (with pending k1) also. It was the best option at the time and I don’t regret it for a minute. I got my advance parole and employment docs already, just waiting for the interview. If you have any questions I can do my best but this forum has never led me astray  

 

good luck!! 

[JFH 12,190]

4 hours ago, TheAmelie said:

Sorry I didn’t mention it, the risk I’m speaking of is the fact that I’m scared I won’t get the  green card, I’m worried they’ll deny me at the GC interview stage since we did this option. 

If you have any reason to be denied a GC, you’d be denied the K-1 too. You likely wouldn’t have ESTA approval if there is anything in your background that would cause you to be inadmissible. 

[INF 96]

Just to add to this... I came here with a CR1 pending back in March before covid struck with every intention to go back. However, the Canadian and American border being closed and continuing to remain closed months and months later made us file an AOS. Absolutely nothing wrong with doing this! Good luck and enjoy your time in the states! 

Edited December 10, 2020 by INF

[TheAmelie 9]

5 hours ago, Sinead91 said:

Get OP! I did it after the advice on this forum and many others in our situation (with pending k1) also. It was the best option at the time and I don’t regret it for a minute. I got my advance parole and employment docs already, just waiting for the interview. If you have any questions I can do my best but this forum has never led me astray  

 

good luck!! 

Awww thank you for your answer!!! I was reading the topic of yours about how you were visiting fiancé in March ( I think it was March lol) congratulations on work permit and AP! 
one Question, did you guys get married before your ESTA stay expired I mean before 90 days ended? How long did you wait for your EAD and AP? 
 

so happy for you! 

[TheAmelie 9]

4 hours ago, JFH said:

If you have any reason to be denied a GC, you’d be denied the K-1 too. You likely wouldn’t have ESTA approval if there is anything in your background that would cause you to be inadmissible. 

Just one question, do you think they might ask me during the interview about If I was planing on returning to my country? I do have a return ticket which I guess I’ll cancel. 
another thing that worries me is the fact that I didn’t really have good ties to my country, because of COVID I lost my job as a pre school teacher in a private school, well the school didn’t even make it through and they shutdown. I couldn’t find another job because of the fact that schools were closed for a long time and it’s just hard to get employed. So that’s what worries me 

[TheAmelie 9]

7 hours ago, HRQX said:

When Immediate Relatives (IR) Adjust Status, then preconceived intent can't be the sole reason for denial of AOS. See Matter of Battista and Matter of Cavazos. Intent is determined at entry, not at the AOS interview.

Plus a few more forms, like I-130 and I-864 that are filled-out by the US citizen. The rest of the following forms are filled-out by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

Thank you for this detailed answer, it helped a lot!

 

just one question, why the form I-130? I thought it’s petition for an alien relative which is CR1 visa petition.

[HRQX 4,145]

9 minutes ago, TheAmelie said:

just one question, why the form I-130? I thought it’s petition for an alien relative which is CR1 visa petition.

It's also required (with fee) in your AOS from ESTA case.

 

Those that enter the US with K-1 visa don't need I-130 if they married the I-129F petitioner within the 90 days. But in your case, the I-129F fee is forfeited money.

Edited December 10, 2020 by HRQX

[Sinead91 249]

55 minutes ago, TheAmelie said:

Awww thank you for your answer!!! I was reading the topic of yours about how you were visiting fiancé in March ( I think it was March lol) congratulations on work permit and AP! 
one Question, did you guys get married before your ESTA stay expired I mean before 90 days ended? How long did you wait for your EAD and AP? 
 

so happy for you! 

Yeah that was probably me. I hadn’t found anyone who posted something like me especially covid related. I think I might have been the first this year but found some other past members who assured me too. 
 

we absolutely got married while my ESTA was still valid, and i recommend you do the same to avoid any complications  

 

I didn’t submit my papers until a few weeks after my ESTA expired (I had to gather a lot and give yourself that time for the i944 if you still need it) and had no issues. The only issue was me being stupidly paranoid about being “put of status” for a month after we submitted while I waited for my NOA1. 
 

Because I am AOS’ing and had a prev k1 my timeline doesn’t update correctly here so I’ll paste it for you for better info.

 

Entered US: March 5th (on vacation with ESTA)

Married: May 16th

ESTA expired: June 3rd (I think I can’t remember)

Package mailed: July 1st

Cheque cashed: July 29th

NOA1 in mail: August 10th (big delay for July filers. Seems to have picked up)

Biometrics for i765: Oct 10th

Biometrics for i485: Oct 20th

EAD & AP approved: Nov 3rd

EAD collected by USPS: Nov 6th!

Combo Card Delivered: Nov 9th

SSN: Nov 10th

National Benefits Centre is my service centre.
Local field office: Yakima

[Sinead91 249]

59 minutes ago, TheAmelie said:

Sorry for double posting (on my mobile). I also lost my job after I came over on vacation which was a big reason why I decided to stay on. I worked for a private language school.

 

if this forum and posters has taught me anything it’s this: do what USCIS say. They’re instructions are black and white.
 

Keep any evidence you have, it won’t do you any harm if you might need if. I kept copies of my letters from my employer about my vacation day, and anything that proved I was only coming on holidays for two weeks (travel insurance is something I had).
 

it isn’t an easy decision to make; trust me; it took me weeks after posting to finally do it because I had this gut wrenching fear I would be deported and my life would be over.
 

Get married. Withdraw K1. Provide the documentation they need. Panic like me for a few weeks, then have a few bottles of wine and then you’ll have everything under control in no time  

[MrsH23 37]

5 hours ago, TheAmelie said:

Just one question, do you think they might ask me during the interview about If I was planing on returning to my country? I do have a return ticket which I guess I’ll cancel. 
another thing that worries me is the fact that I didn’t really have good ties to my country, because of COVID I lost my job as a pre school teacher in a private school, well the school didn’t even make it through and they shutdown. I couldn’t find another job because of the fact that schools were closed for a long time and it’s just hard to get employed. So that’s what worries me 

I had my interview on Tuesday and I was worried about this too.. someone on here linked one of my posts about how my interview went. I was worried coz I came on esta and then I overstayed for 2 years before filing! I took proof of my return ticket, then of my new ticket (I extended my stay to juet before esta expired but then stayed). The officer said “you overstayed your visa waiver program?” I said yes and he moved on. As long as your marriage is real and you can prove that you’ll have nothing to worry about.