Marrying and filing for AOS on ESTA, UK citizen

[noap98 0]

I'm a US citizen, my gf is a UK citizen. We've done long distance for the past few years, i've visited her in the UK 4 times and she's entered to see me on an ESTA 4 times for longer stays. After being in mexico for 15 days she entered the US on October 20, 2020. She had a return ticket for December 12, 2020 that she ended up canceling due to covid related issues, and was given a satisfactory departure extension of 30 days which currently ends on feb 16. 

 

 

Upon her entering, we had every intention of her leaving the country and absolutely ZERO plans to marry, but now i am considering getting married and subsequently filing form i-130 and i-485. i know that marrying and attempting to adjust status on an ESTA can be risky and is not recommended as the first option for paths to legal residency due to the potential fraud associated with it, however we genuinely did not plan to do this at all until literally this week. i told her about this being an option so she doesn't need to leave the country but she's worried and averse to it. this is not a solid plan at the moment as i'm not sure she would even be willing but it's just an idea i'm floating. can anyone tell me if this is a terrible idea, if you've had a similar experience, and what else i should know about the process? would we have a high chance of getting denied? the marriage and application would be done after her first 90 days here but still within her legal allowance in the US due to her grant of satisfactory departure

[aaron2020 11,651]

File away amigo.

Your fiancee's fears are unwarranted.  Perfectly fine to marry and adjust status. 

Under Matter of Cavazos and Matter of Battista, USCIS can not deny the AOS of an Immediate Relative of a USC unless the person lied to enter the US.  USCIS has the burden of proof.  This means they would have to have proof that your wife lied to enter the US to deny her AOS.  High bar for them.  Never heard of a USC's spouse being deny AOS in a straight forward case.  The person who lied and said she was married to get a visitor visa to the US, then met a USC, then married him has problems adjusting status.  You don't.

 

[Crazy Cat 42,308]

10 minutes ago, noap98 said:

I'm a US citizen, my gf is a UK citizen. We've done long distance for the past few years, i've visited her in the UK 4 times and she's entered to see me on an ESTA 4 times for longer stays. After being in mexico for 15 days she entered the US on October 20, 2020. She had a return ticket for December 12, 2020 that she ended up canceling due to covid related issues, and was given a satisfactory departure extension of 30 days which currently ends on feb 16. 

 

 

Upon her entering, we had every intention of her leaving the country and absolutely ZERO plans to marry, but now i am considering getting married and subsequently filing form i-130 and i-485. i know that marrying and attempting to adjust status on an ESTA can be risky and is not recommended as the first option for paths to legal residency due to the potential fraud associated with it, however we genuinely did not plan to do this at all until literally this week. i told her about this being an option so she doesn't need to leave the country but she's worried and averse to it. this is not a solid plan at the moment as i'm not sure she would even be willing but it's just an idea i'm floating. can anyone tell me if this is a terrible idea, if you've had a similar experience, and what else i should know about the process? would we have a high chance of getting denied? the marriage and application would be done after her first 90 days here but still within her legal allowance in the US due to her grant of satisfactory departure

There is no risk under your circumstances.  Go for it.  Use the guide below.  Forget that "90 day" stuff.  That is a myth.

 

 

Edited February 5, 2021 by Lucky Cat

[mushroomspore 3,044]

18 minutes ago, noap98 said:

I'm a US citizen, my gf is a UK citizen. We've done long distance for the past few years, i've visited her in the UK 4 times and she's entered to see me on an ESTA 4 times for longer stays. After being in mexico for 15 days she entered the US on October 20, 2020. She had a return ticket for December 12, 2020 that she ended up canceling due to covid related issues, and was given a satisfactory departure extension of 30 days which currently ends on feb 16. 

 

 

Upon her entering, we had every intention of her leaving the country and absolutely ZERO plans to marry, but now i am considering getting married and subsequently filing form i-130 and i-485. i know that marrying and attempting to adjust status on an ESTA can be risky and is not recommended as the first option for paths to legal residency due to the potential fraud associated with it, however we genuinely did not plan to do this at all until literally this week. i told her about this being an option so she doesn't need to leave the country but she's worried and averse to it. this is not a solid plan at the moment as i'm not sure she would even be willing but it's just an idea i'm floating. can anyone tell me if this is a terrible idea, if you've had a similar experience, and what else i should know about the process? would we have a high chance of getting denied? the marriage and application would be done after her first 90 days here but still within her legal allowance in the US due to her grant of satisfactory departure

You guys are good. Read the guide. Mark RoC date AS SOON AS you get the green card. Set an alarm on your phone if you have to.

[noap98 0]

Thanks everyone. Does anyone think it's necessary to consult with an immigration lawyer before beginning this process or is it something we can handle on our own? 

[aaron2020 11,651]

1 hour ago, noap98 said:

Thanks everyone. Does anyone think it's necessary to consult with an immigration lawyer before beginning this process or is it something we can handle on our own? 

This is a DIY forum and most people do not need a lawyer.  

If you are self-motivated, willing to read to educate yourself, and are able to follow written instructions, then you can do it on your own.  Some people prefer a lawyer to do it for them.  It's a matter of personal preference.  

[lgb2015 51]

@noap98 hello! I am a UK citizen and I just had my AOS interview this week. I arrived on a visitor visa a year ago, was never intending to stay. 3 cancelled flights later (and a whole lot of other factors) we started talking about best options and decided we would apply to adjust my status. It's been a difficult year (as it has for many!), and I can totally see why many on this site recommend the spousal visa, however these are exceptional times and I understand your predicament. I'd be more than happy to answer any questions or share more of my experience of the I-130/I-145 AOS process if that would be helpful.