ESTA to Fiancé Visa or Spousal Visa?? Please help

[Nomfry 0]

Hey all, I am brand new to this forum though I've been lurking for a while. I need your advice and help. 

 

I am a US citizen and I live in CA. My Scottish boyfriend and I met a few years back gaming on xBox and have developed a romantic relationship. We were finally able to meet for the first time this year when the borders opened up in November. His flight home is late January next year. He was brought to a secondary interview upon arrival in the US due to the long stay, but after verifying our stories (they even called my sister who was one of his emergency contacts on his ESTA application!) they let him through to see me and wished us a fun time. The officer asked if we were romantically involved and we both told them yes, and he was here so we could feel things out and see where it takes us.

 

Well we've decided we want to stay together and we want to eventually get married. We haven't become engaged yet, though we plan on it before he is supposed to return home. 

 

What do we do after we get engaged? I've spoken to a handful of people regarding this scenario and was told he would be able to stay with me here in the USA while we get the paperwork processed and once it's approved, we could then get married. If he's already here in the US with me, and we become engaged during his visit, is he allowed to stay with me after filing the petition? From what I've been reading here it doesn't seem like it. We just want to be together and do this the right way. He really does not want to return to Scotland during this process. He came here on an ESTA. What if we decide to just get married instead? It's all kinda up in the air so I'm trying to get a better understanding of what needs to be done and what this process will look like for either scenario.

 

Thanks in advance for your help and advice... and I'm sorry if I left out any details needed - if so just let me know and I will clarify

[Boiler 45,525]

Being engaged has no legal standing.

 

You can certainly marry and adjust status. Have a read of the guides.

[SalishSea 17,836]

33 minutes ago, Nomfry said:

Hey all, I am brand new to this forum though I've been lurking for a while. I need your advice and help. 

 

I am a US citizen and I live in CA. My Scottish boyfriend and I met a few years back gaming on xBox and have developed a romantic relationship. We were finally able to meet for the first time this year when the borders opened up in November. His flight home is late January next year. He was brought to a secondary interview upon arrival in the US due to the long stay, but after verifying our stories (they even called my sister who was one of his emergency contacts on his ESTA application!) they let him through to see me and wished us a fun time. The officer asked if we were romantically involved and we both told them yes, and he was here so we could feel things out and see where it takes us.

 

Well we've decided we want to stay together and we want to eventually get married. We haven't become engaged yet, though we plan on it before he is supposed to return home. 

 

What do we do after we get engaged? I've spoken to a handful of people regarding this scenario and was told he would be able to stay with me here in the USA while we get the paperwork processed and once it's approved, we could then get married. If he's already here in the US with me, and we become engaged during his visit, is he allowed to stay with me after filing the petition? From what I've been reading here it doesn't seem like it. We just want to be together and do this the right way. He really does not want to return to Scotland during this process. He came here on an ESTA. What if we decide to just get married instead? It's all kinda up in the air so I'm trying to get a better understanding of what needs to be done and what this process will look like for either scenario.

 

Thanks in advance for your help and advice... and I'm sorry if I left out any details needed - if so just let me know and I will clarify

If he's currently in the US and you're absolutely sure you want to, you can marry now and he can adjust status.   However, he won't be able to leave the US or work for around 8 months.  Most adults don't have lives where they can just suddenly decide to not return home - they have jobs, property, kids, etc.  Things to wrap up.

 

This is why they ask all those questions and grill people in secondary - to establish whether they plan to try and stay.

 

Anyway, the other option is to marry, he returns home, and you petition him for a spousal visa.

 

There are income requirements for both options, and neither is fast.  Green card interviews from AOS in the US are currently taking around two years.

 

US immigration is not fast, or cheap.

[Boiler 45,525]

One of VJ's finest who interviewed in LA recently got the GC in 9 months. YMMV

[Ontarkie 14,227]

~~THread moved to What Visa Do I Need, from K1 P&P - as the OP has not started any process and is now researching their options~~

[Nomfry 0]

2 hours ago, Jorgedig said:

If he's currently in the US and you're absolutely sure you want to, you can marry now and he can adjust status.   However, he won't be able to leave the US or work for around 8 months.  Most adults don't have lives where they can just suddenly decide to not return home - they have jobs, property, kids, etc.  Things to wrap up.

 

This is why they ask all those questions and grill people in secondary - to establish whether they plan to try and stay.

 

Anyway, the other option is to marry, he returns home, and you petition him for a spousal visa.

 

There are income requirements for both options, and neither is fast.  Green card interviews from AOS in the US are currently taking around two years.

 

US immigration is not fast, or cheap.

Thanks for your response  He does not have property, kids or a job back home. We figured he would get asked additional questions upon arrival, and boy did he. I do not want to go about this the wrong way so that's why I turned to this forum.

 

So, if I understand you correctly, he can change his status after we are married even if he came in on an ESTA? And he would not need to return to Scotland while this process is happening? I looked up the income requirements for the sponsor and I definitely meet those requirements. What makes him eligible to work after 8 months? Is that just the type of visa (Spousal Visa)?

 

TIA for your help!!

[SalishSea 17,836]

8 minutes ago, Nomfry said:

Thanks for your response  He does not have property, kids or a job back home. We figured he would get asked additional questions upon arrival, and boy did he. I do not want to go about this the wrong way so that's why I turned to this forum.

 

So, if I understand you correctly, he can change his status after we are married even if he came in on an ESTA? And he would not need to return to Scotland while this process is happening? I looked up the income requirements for the sponsor and I definitely meet those requirements. What makes him eligible to work after 8 months? Is that just the type of visa (Spousal Visa)?

 

TIA for your help!!

He doesn’t need to return home if he is going to marry and adjust status.   
 

Adjustment of status (becoming a lawful permanent resident with a green card) is a lengthy process, taking 1-2 years in most areas of the US currently.

 

Along with the adjustment of status, he can file for AP (advance parole), which allows him to be readmitted if he leaves the US, and EAD, the work authorization.

 

The process to get AP/EAD is taking upwards of 8 months permanently.   So it would be close to one year before he could work or leave and come back.   Sometimes emergencies come up, and people have to leave unexpectedly, so you’d want to think about that.

 

[Boiler 45,525]

When you file to adjust you will apply for EAD, it is free, when he gets that in 8 months whatever that allows him to work and obtain a SSN

[laylalex 7,285]

On 12/15/2021 at 11:40 AM, Boiler said:

One of VJ's finest who interviewed in LA recently got the GC in 9 months. YMMV

Yes, that was us! We were adjusting from a work visa though, and not a tourist visa/ESTA, so there were distinct advantages that would not be available to the OP. My husband was able to work and travel outside the US during the adjustment period (although COVID kept the international travel infrequent). There were quite a few of us in the January 2021 group who seem to have gotten through the process in about 8-9 months but it really is YMMV. I'm convinced that having a well-presented packet along with very solid financials helped us. 

 

Looking at timelines, it looks like there are plenty of people who applied this year to adjust status who are getting through in well under a year. 2020 was a disaster for couples because of COVID. Right now it also looks like EAD/AP is getting approved in about 7 months from looking at timeline stats. I peeked in just now at the April 2021 filers thread and there are people who now have had their interviews. The unlucky people waiting 2 years are AFAIK the outliers now who were unlucky to file when they did.

[Nomfry 0]

14 hours ago, laylalex said:

Yes, that was us! We were adjusting from a work visa though, and not a tourist visa/ESTA, so there were distinct advantages that would not be available to the OP. My husband was able to work and travel outside the US during the adjustment period (although COVID kept the international travel infrequent). There were quite a few of us in the January 2021 group who seem to have gotten through the process in about 8-9 months but it really is YMMV. I'm convinced that having a well-presented packet along with very solid financials helped us. 

 

Looking at timelines, it looks like there are plenty of people who applied this year to adjust status who are getting through in well under a year. 2020 was a disaster for couples because of COVID. Right now it also looks like EAD/AP is getting approved in about 7 months from looking at timeline stats. I peeked in just now at the April 2021 filers thread and there are people who now have had their interviews. The unlucky people waiting 2 years are AFAIK the outliers now who were unlucky to file when they did.

Hey a fellow Scottish person ❤️ That's great news about the EAD, hopefully that'll be us. My main concern is just that he gets to stay during the process. Which it looks like he will be able to. So if we decide to get married, we just need to file for a status adjustment (I read that getting married on an ESTA is frowned upon, is that true? We didn't intend to get married when he came, just came to the realization we wanted to as time went on <3) and then go through the process of obtaining his spousal visa? Is that the gist of it?

[SalishSea 17,836]

15 hours ago, laylalex said:

The unlucky people waiting 2 years are AFAIK the outliers now who were unlucky to file when they did.

Entirely depends upon local field office, not necessarily timing.  Seattle for example has been at >12 months for several years.  We waited 14 months in 2019.  Now it is closer to two years.

[SalishSea 17,836]

33 minutes ago, Nomfry said:

Hey a fellow Scottish person ❤️ That's great news about the EAD, hopefully that'll be us. My main concern is just that he gets to stay during the process. Which it looks like he will be able to. So if we decide to get married, we just need to file for a status adjustment (I read that getting married on an ESTA is frowned upon, is that true? We didn't intend to get married when he came, just came to the realization we wanted to as time went on <3) and then go through the process of obtaining his spousal visa? Is that the gist of it?

No.  If he is adjusting on an ESTA, there is no visa part of it.  With a pending I-485, he will be in a period of authorized stay.  The basis for being able to file for the AP/EAD (so he can travel/work, currently ~ 8 months) is that properly filed I-485.

 

First step before filing anything is to get married and obtain certified copies of the marriage certificate, and make sure you have the funds for the fees.

Edited December 17, 2021 by Jorgedig

[Boiler 45,525]

1 minute ago, Nomfry said:

Hey a fellow Scottish person ❤️ That's great news about the EAD, hopefully that'll be us. My main concern is just that he gets to stay during the process. Which it looks like he will be able to. So if we decide to get married, we just need to file for a status adjustment (I read that getting married on an ESTA is frowned upon, is that true? We didn't intend to get married when he came, just came to the realization we wanted to as time went on <3) and then go through the process of obtaining his spousal visa? Is that the gist of it?

She is not the Scottish half, pure Americun and probably at work or lunching with another Lady.

 

It is the VWP not ESTA, ESTA is pre authorisation.

 

The important thing is that you have been inspected and obviously this is the case here.

 

A visa is a document to enter the US,

 

 

 

 

[SalishSea 17,836]

3 minutes ago, Boiler said:

She is not the Scottish half, pure Americun and probably at work or lunching with another Lady.

Or checking phone whilst shopping for a pair of Manolos.

[Boiler 45,525]

1 minute ago, Jorgedig said:

Or checking phone whilst shopping for a pair of Manolos.

Now now