AoS after marriage on ESTA

[HRQX 4,145]

47 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?

For Immediate Relatives of US citizens (as defined in the INA) intent is determined at entry, not at the AOS interview. See Matter of Battista and Matter of Cavazos.

[Mike E 11,742]

17 minutes ago, GermanPlasma said:

Considering I am already in the US, we figured this process is more strict

In a sense the process is easier because once in the USA, America’s system of laws makes it difficult to remove a law abiding alien from the USA as long as the alien continues to legally use that system of laws.  
 

If you are outside then USA, you have fewer options to appeal a denial.  
 

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she is wondering why so many other people go through the K-1 or CR-1

K-1: personally I didn’t want to get married to someone that I could be sure could live with me in America. The K-1 was my preferred option. And as it turned out with various bans and such in hind sight it was the only option: had we gone the CR1 route, my wife would be banned and would still would not be here.   
 

CR-1: once the visa is approved the alien enters with authorization to work in the USA. For some couples this is an financial requirement. 
 

IR1: same as CR1 plus filing for removal of conditions is a total pain. Some couples wait until they are married for 18 months before starting the process. 
 

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and why she can't find too much about AoS.

 

she might not be proficient at using web search engines as there is vast information on these processes even outside VJ. 
 

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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 ^^

Why did you overstay?

Edited August 11, 2021 by Mike E

[GermanPlasma 2]

1 minute ago, Mike E said:

In a sense the process is easier because once in the USA, America’s system of laws makes it difficult to remove a law abiding alien from the USA as long as the alien continues to legally use that system of laws.  
 

If you are outside then USA, you have fewer options to appeal a denial.  
 

K-1: personally I didn’t want to get married to someone that I could be sure could live with me in America. The K-1 was my preferred option. And as it turned out with various bans and such in hind sight it was the only option: had we gone the CR1 route, my wife would be banned and would still would not be here.   
 

 

she might not be proficient at using web search engines as there is vast information on these processes even outside VJ. 
 

Why did you overstay?

Thank you for clarifying that as well

 

Oh I did not overstay! My limit is until september 13. However, if we go the route of AoS I would need to stay in the US above that date.

 

Speaking about it, does the submission of form I-485 allow me to overstay to take part in the process? After all, I am not allowed to leave until the case is resolved, but after september 13 my ESTA runs out.

[HRQX 4,145]

3 minutes ago, GermanPlasma said:

Speaking about it, does the submission of form I-485 allow me to overstay to take part in the process? After all, I am not allowed to leave until the case is resolved, but after september 13 my ESTA runs out.

https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF "As discussed in chapters 40.9.2(b)(2) and (3), there are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. As a matter of prosecutorial discretion, DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending. In this sense, the alien's remaining can be said to be "authorized." However, the fact that the alien does not accrue unlawful presence does not mean that the alien's presence in the United States is actually lawful."

[Mike E 11,742]

26 minutes ago, GermanPlasma said:

 

 

Oh I did not overstay! My limit is until september 13. However, if we go the route of AoS I would need to stay in the US above that date.

Then I strongly urge to get focused and file the the AOS package before September 13.  Your target should be to file by September 1.  You need to commit to filing by no later than September 13 to avoid unauthorized presence.  
 

Let be very clear:  I do not advise you to file on or after September 14. 
 

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Speaking about it, does the submission of form I-485 allow me to overstay to take part in the process?

Filing the AOS package will extend your authorized stay until there is a decision.  If the decision is no you will have 33 days from the date of the decision to leave USA, appeal, or file a new AOS package.  If  the decision is yes then you will be a lawful permanent resident and can stay in the USA forever provided you comply with the requirements to be an LPR.  

Edited August 11, 2021 by Mike E

[Mike E 11,742]

Also if you are a male under age 26 as of September 14, 2021, you will need to register with Selective Service. All males between ages 18 and 26 years less day must register.  The exceptions are lawful non immigrants.  On September 14, you will not be a lawful non immigrant. You are legallly in the USA if you file the AOS package but your lawful non immigrant status is gone.  
 

Failure to register  for selective service can complicate your naturalization process and make you ineligible for federal jobs.  

Edited August 11, 2021 by Mike E

[GermanPlasma 2]

10 minutes ago, Mike E said:

Also if you are a male under age 26 as of September 14, 2021, you will need to register with Selective Service. All males between ages 18 and 26 years less day must register.  The exceptions are lawful non immigrants.  On September 14, you will not be a lawful non immigrant. You are legallly in the USA if you file the AOS package but your lawful non immigrant status is gone.  
 

Failure to register  for selective service can complicate your naturalization process and make you ineligible for federal jobs.  

Thank you once again for all this incredible useful information, this goes to everybody in this thread, you people are incredible.

 

I just researched a bit and I believe the part about the selective service is included in the form i-485, under the "Applicant's Declaration and Certification" part. We will definitely file everything way before my due date, however we want to look at everything and then consult a lawyer to make sure everything is completely right. 

 

Oh I just remembered one big question. We registered me to take part in college classes, for out of state, like I mentioned in my first post. Would it be allowed, while I wait for a decision, to take classes in person as well? I don't know anything about this part sadly, we hope that this isn't grounds to be denied. If it was, we would not pursue anything in this direction of course, we just thought starting college is something I should be doing if we wanted to have me live here.

[HRQX 4,145]

15 minutes ago, GermanPlasma said:

Would it be allowed

Yes, it's allowed.

[Mike E 11,742]

18 minutes ago, GermanPlasma said:

 

 

I just researched a bit and I believe the part about the selective service is included in the form i-485, under the "Applicant's Declaration and Certification" part.
 

 

USCIS has a mixed track record of registering I-485 petitioners with selective service.  My advice is to take care of this yourself and preserve forever the acknowledgment you get back from selective service. 
 

 

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Oh I just remembered one big question. We registered me to take part in college classes, for out of state, like I mentioned in my first post. Would it be allowed, while I wait for a decision, to take classes in person as well?

This depends  on the school and if it is a state operated school the state.  For example in the state of Florida, the State University System not only lets you do this but it lets you pay in state tuition.  
 

I advise you to file I-131 and I-765 with your AOS package as besides being free, even if you do not plan to travel outside the USA while waiting or plan to work, having an Advance Parole and Emplyment Authorization Document can simplify showing eligibility for in state tuition and several other things like getting state ID, social security number, etc.  

Edited August 12, 2021 by Mike E

[GermanPlasma 2]

56 minutes ago, HRQX said:

Yes, it's allowed.

Awesome, thank you very much.

 

52 minutes ago, Mike E said:

 

USCIS has a mixed track record of registering I-485 petitioners with selective service.  My advice is to take care of this yourself and preserve forever the acknowledgment you get back from selective service. 
 

 

This depends  on the school and if it is a state operated school the state.  For example in the state of Florida, the State University System not only lets you do this but it lets you pay in state tuition.  
 

I advise you to file I-131 and I-765 with your AOS package as besides being free, even if you do not plan to travel outside the USA while waiting or plan to work, having an Advance Parole and Emplyment Authorization Document can simplify showing eligibility for in state tuition and several other things like getting state ID, social security number, etc.  

I will take that advice, thank you.

 

I will check this with my college then, very good to know!

 

For additional forms, I do wonder, do additional forms extend the waiting duration for the final decision, or is that negligible? In case it is, I don't see any reason not to add them to everything. 

[Mike E 11,742]

3 minutes ago, GermanPlasma said:

For additional forms, I do wonder, do additional forms extend the waiting duration for the final decision, or is that negligible? In case it is, I don't see any reason not to add them to everything. 

In the aggregate perhaps, meaning if every AOS applicant decided to forgo getting an AP and EAD, USCIS would have less work to do.  
 

But since most do not forgo, you aren’t doing yourself a favor, and I am certain you will regret it (unless your green card is issued before AP and EAD, which in them Covid era is happening more often).  

Edited August 12, 2021 by Mike E

[HRQX 4,145]

4 minutes ago, GermanPlasma said:

For additional forms, I do wonder, do additional forms extend the waiting duration for the final decision

No. I-765 and I-131 are adjudicated by National Benefits Center while I-485/I-130 are eventually adjudicated by the local Field Office.

 

I-864 and I-130 are filled-out by the US citizen, and the rest of the 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, 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'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

 

Here is the I-693 courtesy letter: "DO NOT MAIL DOCUMENTS AT THIS TIME."

[GermanPlasma 2]

2 hours ago, HRQX said:

I-864 and I-130 are filled-out by the US citizen, and the rest of the 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, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

That is pretty good to know, however, what is the I-94 ? I do not remember getting anything like that, all I got was a stamp in my passport which is valid for 3 months, since I arrived on an ESTA

[HRQX 4,145]

3 minutes ago, GermanPlasma said:

what is the I-94 ?

Look it up on CBP's website: https://i94.cbp.dhs.gov/I94/#/recent-search

[GermanPlasma 2]

4 minutes ago, HRQX said:

Look it up on CBP's website: https://i94.cbp.dhs.gov/I94/#/recent-search

Alright, I have done just that. Thank you