In instance of green card denial

[merzno 0]

hi!

 

I came to stay with my boyfriend in the US over a month ago and last week he proposed we marry and adjust status. I've been looking into it and I can see that its doable because we had no intent but my inner worrier can't help but wonder what the process would be in the case of the I 485 or I 130 being denied or being denied at the interview. i am here on ESTA. lets say in the off-chance that a denial did happen and i did not overstay, i would be allowed to return to my home country and file for CR-1 right? and if so what would the success rate be of CR-1 approval after a previous denial? sorry i'm just a worrier

 

Thank you

[Paul Hanaki 72]

I changed my answer as you said ESTA so read this first https://www.soundimmigration.com/i-came-to-the-u-s-on-esta-can-i-adjust-status/

Edited May 18, 2021 by Paul Hanaki

[Paul Hanaki 72]

From what I have read it is probably best to return to your country before the 90 days and go for a fiancé visa. 

[USC4SPOUSE 506]

Alternatively, you could marry here in the US. File the I-130 online and then, return to your country before your ESTA expires and finish the process there. The upside to this is that you would have time to get all your affairs in order in your country before immigrating to the US. Legal complexities aside, the adjustment of status process is long, hard and psychologically taxing for most people. 

 

If you came on ESTA, that means you did not have to apply for a visa to come to the US. You are probably from a country with a solid economy. You are probably even a young professional with a career in that country. Who knows? Either way, it would be nice to be able to start this journey on the right foot. I would probably get married, file the I-130 online and opt for consular processing. I know of a people who have filed the I-130 online and it was approved within a month and a half. That's a really quick turn around. You can, of course, opt for the K-1 visa but it seems to me that would take much longer. 

 

You can check processing times for local field offices here. https://egov.uscis.gov/processing-times/ Select I-485 and then select your field office. You will see how long it takes USCIS to adjudicate most cases. 

 

All I am saying is - make an informed decision. 

 

Best wishes.