AoS after marriage on ESTA

[GermanPlasma 2]

Hello everyone, maybe someone knows a bit more about the subject here. My spouse and I have had an online relationship for nearly 2 years, we decided to meet in person. Due to travel restrictions, we met in Mexico to quarantine for 14 days. During these 14 days I proposed to my now-spouse, but marriage was not planned for a long time. 

 

Afterwards we both returned to the US, she is the American citizen. I arrived on an ESTA, met her Family and we spent our time together for one month and a half. We decided that after my return, we would file for a K-1 visa. At the day of my flight, however, it was such a hard personal situation that we decided it is best that I do not attend the flight back and instead we get married and start the CR-1 process. The flight was non refundable, which we just had to accept. We also enrolled me to college, as out of state student, since we wanted for me to take part in online courses while within Germany.

 

After some research, we noticed that AoS may be possible. We are incredibly unsure about it, simply because we are scared that I would have to leave the country because of a failed process and that we perhaps could not see each other again. That being said, we don't want to be apart, that is why I am here explaining our situation.

 

I have a few worries and am unfamiliar with the process. I know that I am allowed to overstay once the AoS process is active. Is the fact that I proposed to her in Mexico problematic, I was not sure if I would be let into the US, therefore I made the decision to propose to her there? We did not have the intention to marry, that only came into existence at the time I was supposed to leave the US. We married after 30 days of entry, what does that mean for us potentially? What happens if I get denied, will we be unable to start another visa process? My spouse is unsure about the chance that I am allowed stay, do we have to prepare for the worst?

 

I apologize for all these questions, but this topic is dear to us and we want to make sure everything is legally acceptable. I hope someone knows a bit more about it, I would appreciate it a lot. Thank you for reading

[Mike E 11,742]

Yours is not an uncommon situation. 
 

See this link for instructions:

 

 

 

[GermanPlasma 2]

1 minute ago, Mike E said:

Yours is not an uncommon situation. 
 

See this link for instructions:

 

 

 

Coincidentally I was just looking at that thread ^^

However, are you sure everything is legally allowable? Even though we said the truth, we are scared to be denied and we don't know how harsh the decision making actually is.. 

[Mike E 11,742]

Just now, GermanPlasma said:

Coincidentally I was just looking at that thread ^^

However, are you sure everything is legally allowable?
 

Yes I am sure.  
 

Just now, GermanPlasma said:

Even though we said the truth, we are scared to be denied and we don't know how harsh the decision making actually is.. 

If denied your choices are:

 

1. leave the USA.  You can have a long distance marriage or she can join you.  
 

2. leave the USA and apply for an immigration visa.  
 

3. File a new I-485 package.  
 

Which one you will be permitted to do depends on the reason for denial.  
 

Most cases end up being approved.  Some are denied because the petitioner doesn’t earn enough money and the no joint sponsor can be found.  
 

I adjusted status from inside the USA, and millions of others have done so.  

[mushroomspore 3,044]

15 minutes ago, GermanPlasma said:

Coincidentally I was just looking at that thread ^^

However, are you sure everything is legally allowable? Even though we said the truth, we are scared to be denied and we don't know how harsh the decision making actually is.. 

I adjusted from B2 status. I didn't have an actual B2 visa because I'm Canadian but "B2" is the general term/status for people admitted as tourists and it's similar to VWP and ESTA. No issues and if you do a quick search, you will see many threads about similar cases.

Edited August 11, 2021 by mushroomspore

[GermanPlasma 2]

30 minutes ago, Mike E said:

Yes I am sure.  
 

If denied your choices are:

 

1. leave the USA.  You can have a long distance marriage or she can join you.  
 

2. leave the USA and apply for an immigration visa.  
 

3. File a new I-485 package.  
 

Which one you will be permitted to do depends on the reason for denial.  
 

Most cases end up being approved.  Some are denied because the petitioner doesn’t earn enough money and the no joint sponsor can be found.  
 

I adjusted status from inside the USA, and millions of others have done so.  

Is nobody going to ask about marrying about 45 days after visit? Are all questions going to be asked at the interview? 

 

At what point would we know in case I am denied, since I am came with the ESTA I believe I wouldn't be able to challenge the decision. 

[GermanPlasma 2]

24 minutes ago, mushroomspore said:

I adjusted from B2 status. I didn't have an actual B2 visa because I'm Canadian but "B2" is the general term/status for people admitted as tourists and it's similar to VWP and ESTA. No issues and if you do a quick search, you will see many threads about similar cases.

I am glad to hear that! However, we are still pretty scared..were you asked about some kind of proof and what was the timeline of the whole situation? How complex was your process?

[Mike E 11,742]

9 minutes ago, GermanPlasma said:

Is nobody going to ask about marrying about 45 days after visit? Are all questions going to be asked at the interview? 

 

If they ask you can say that plans changed.  
 

Sometimes there are Requests for Evidence sent before the interview.  
 

Sometimes cases are approved without interviews.  

9 minutes ago, GermanPlasma said:

At what point would we know in case I am denied,

When you get a letter saying your case is denied.  

9 minutes ago, GermanPlasma said:

 

 

since I am came with the ESTA I believe I wouldn't be able to challenge the decision. 

Generally Visajourney folks don’t recommend appealing decisions. Usually the recommendation is to just apply again as most denials are due to the married couple failing to follow instructions.  
 

Since you haven’t received a denial yet, speculating on that isn’t productive. I will say this: if you are not truthful on your ESTA application some un truths can be impossible or practically impossible to overcome if they are the reason for denial.  
 

 

You should instead be focusing on understanding the guide and then preparing to fill out the forms.  

[Mike E 11,742]

14 minutes ago, GermanPlasma said:

I am glad to hear that! However, we are still pretty scared..were you asked about some kind of proof and what was the timeline of the whole situation? How complex was your process?

You will need to provide evidence of bonafide relationship and marriage.  The guide tells you what you need.  

[GermanPlasma 2]

1 minute ago, Mike E said:

You will need to provide evidence of bonafide relationship and marriage.  The guide tells you what you need.  

Thank you so much for your quick responses. My story is completely true from beginning to end like I wrote it, my wife just gets very scared about this topic as she often thinks of the worst outcomes. I try to give her hope and show her all of these things, that seems to make her understand the topic a bit more.

 

I do have two more questions, we will have to file form 864 with a sponsor since my wife alone cannot support me, does she still need to fill out form 864 or should only the co sponsor fill that one out? 

 

And the second question, according to the guide you posted, form i-485 can take several years to be approved. Would that also mean that it could take several years to be denied, meaning one would have to return to their home country after such a long time? That is a scary thought after giving up so much.

[Letspaintcookies 2,310]

Stop worrying,  you're good. You entered with the intention to leave but things have changed. You're not the first and for sure not the last who's in that situation. Now make sure to get that package out following the instructions above and from USCIS to start your new life. Good luck

[Letspaintcookies 2,310]

1 minute ago, GermanPlasma said:

Thank you so much for your quick responses. My story is completely true from beginning to end like I wrote it, my wife just gets very scared about this topic as she often thinks of the worst outcomes. I try to give her hope and show her all of these things, that seems to make her understand the topic a bit more.

 

I do have two more questions, we will have to file form 864 with a sponsor since my wife alone cannot support me, does she still need to fill out form 864 or should only the co sponsor fill that one out? 

 

And the second question, according to the guide you posted, form i-485 can take several years to be approved. Would that also mean that it could take several years to be denied, meaning one would have to return to their home country after such a long time? That is a scary thought after giving up so much.

She'll always be your main sponsor so yes she has to fill one out and send all the requested evidence.

 

Where is that worry of a denial coming from? You need to stop that and start breathing 😉🤗

[SalishSea 18,020]

5 minutes ago, GermanPlasma said:

Thank you so much for your quick responses. My story is completely true from beginning to end like I wrote it, my wife just gets very scared about this topic as she often thinks of the worst outcomes. I try to give her hope and show her all of these things, that seems to make her understand the topic a bit more.

 

I do have two more questions, we will have to file form 864 with a sponsor since my wife alone cannot support me, does she still need to fill out form 864 or should only the co sponsor fill that one out? 

 

And the second question, according to the guide you posted, form i-485 can take several years to be approved. Would that also mean that it could take several years to be denied, meaning one would have to return to their home country after such a long time? That is a scary thought after giving up so much.

Also keep in mind that it will be 8-10 months before you can work or travel out of the US and be readmitted.  EAD/AP are taking that long at the moment.

 

Since you're adjusting from ESTA, you'll very likely have an AOS interview.

 

Your wife is still your sponsor, even if she cannot afford to do it without a joint sponsor.  

[GermanPlasma 2]

2 minutes ago, Letspaintcookies said:

She'll always be your main sponsor so yes she has to fill one out and send all the requested evidence.

 

Where is that worry of a denial coming from? You need to stop that and start breathing 😉🤗

Thank you, that is very good to know!

 

The worry is coming from her personality, life has been a bit rough to her (well, to us all, but she handled it a bit different I guess). We just don't want that we go this route and fail, if we could go the CR-1 route and maybe not fail for whatever reason. Especially scary is the thought of not having a voice and I truly believe that me being on an ESTA means I have even less of a voice. Considering I am already in the US, we figured this process is more strict and perhaps nitpicks like me proposing to her in Mexico could be an issue. Of course, we want to be together and start our life, but she is wondering why so many other people go through the K-1 or CR-1 and why she can't find too much about AoS. I assume that is just because she didn't look hard enough though, this forum does have a lot about it.

 

But all these comments really help and we appreciate them, it is just a big scary thing with overstaying the esta and just waiting for anything ^^

[Mike E 11,742]

17 minutes ago, GermanPlasma said:

my wife just gets very scared about this topic as she often thinks of the worst outcomes.
 

Immigration is like crossing   the Atlantic  ocean in a sailing ship: long, 99 percent boring, with brief moments of positive and negative excitement.  I’ve never had an immigration experience that went flawlessly. 
 

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I try to give her hope and show her all of these things, that seems to make her understand the topic a bit more.

She can read https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/ to see that this process is routine.  
 

 

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I do have two more questions, we will have to file form 864 with a sponsor since my wife alone cannot support me, does she still need to fill out form 864 or should only the co sponsor fill that one out? 
 

 

Yes, didn’t the guide I pointed  you at say so? Asking not arguing; sometimes the guide has defects.  
 

Quote

 

And the second question, according to the guide you posted, form i-485 can take several years to be approved. Would that also mean that it could take several years to be denied, meaning one would have to return to their home country after such a long time?
 

Yes that is what it means.  With Covid, more cases have been taking two years.  With delta variant I expect  it will take that long.  However there is wide variance depending on the USCIS field office.  
 

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That is a scary thought after giving up so much.

yes. I apologize for the inefficiency of the process.  Someday you can apologize to a future immigrant for the process.  

Edited August 11, 2021 by Mike E