Esta to AOS timelines/ previous marriage of usc

[Tinkerbell307 1]

Hello everyone, 

 

my situation: 

 

i came to the US on an esta about 6 weeks ago to visit my boyfriend (usc) of a few months (long distance). I originally planned on staying here with him for 8 weeks to spend time with him. As my departure date came closer my boyfriend proposed to me and we decided we want to get married while I’m here as we both are really in love and both can’t imagine going back to long distance again. We didn’t plan on going this route when I originally came in but we both realized we don’t want to live without each other. I’ve read that we could get married and then file for AOS. My fiancé is a USC. Now my questions: 

 

1. when is the best time to actually marry? After the 90 days or before? I read online that getting married within the 90 days would be suspicious and that there is a 90 day rule in place? There is many contradicting information on the actual best time to get married while on an esta 
 

2. at Port of Entry I got admitted into the country on an esta for 8 weeks ( my originally intended time of stay ) - now if we get married on day 43, and file for AOS on day 95 - will I be subject to deportation in the meantime because then technically I’m in the country illegal for the time being between marriage and filing AOS? 
 

3. as i originally came into the country for pleasure but in a relationship with my boyfriend at the time obviously already, how can I proof at the interview that yes we have been together, but didn’t plan on actually getting married when I came Into the country but later on just realized we didn’t want to live without each other any longer? There’s no significant change of life circumstances, we just decided to get married while I was here. Will that be a problem / red flag?

 

4. my fiancé was married before and has been legally divorced for 1 1/2 years now. His ex wife was from

germany too and he unter went the same procedure 7 years ago already. Will that be a red flag or give us any problems? We won’t have any problems proving that our marriage is bonafide as we really love each other and had been in a relationship for months now. I guess my fiancé just likes Germans 😃😃 lol.
 

what do you guys think? Is there anything we can do wrong ? We are not married yet and I just want to make sure we’re doing everything right and not making any major mistakes . 
 

Thank you for your help! 

[Crazy Cat 41,916]

There is no 90 rule.  Follow the guide below.  Unless you misrepresented yourself at entry, you won't have issues.  Just be aware that you cannot work or leave the US without an EAD and valid AP document.  Step 1:  Marry

 

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Edited September 5, 2022 by Crazy Cat

[Crazy Cat 41,916]

10 minutes ago, Tinkerbell307 said:

2. at Port of Entry I got admitted into the country on an esta for 8 weeks ( my originally intended time of stay ) - now if we get married on day 43, and file for AOS on day 95 - will I be subject to deportation in the meantime because then technically I’m in the country illegal for the time being between marriage and filing AOS? 

Every visitor is subject to removal after their I-94 expires.....married or not.  Once you submit a proper I-485, you will be granted authorized stay in the US until the I-485 is approved or denied.

Edited September 5, 2022 by Crazy Cat

[Tinkerbell307 1]

1 minute ago, Crazy Cat said:

Every visitor is subject to removal after their I-94 expires.....married or not.  Once you submit a proper I-485, you will be granted authorized stay in the US until the I-485 is approved or denied.

Thank you! Is it

correct that proper forms should be filed after day 90? Or can we go ahead and file I-485 right after marriage, even if it’s going to be on - let’s say - day 45? To avoid long times of being completely out of status? 
 

thank You again!

[Crazy Cat 41,916]

40 minutes ago, Tinkerbell307 said:

Thank you! Is it

correct that proper forms should be filed after day 90? Or can we go ahead and file I-485 right after marriage, even if it’s going to be on - let’s say - day 45? To avoid long times of being completely out of status? 
 

thank You again!

No reason to wait after 90 days.  I would file as soon as I could after marriage.  There are no benefits in waiting.  Waiting will only delay ability to work, delay the ability to travel outside the US, delay getting the Green card, and delay filing for citizenship.  Personally, I would marry asap, and start the process immediately. Why wait?

Edited September 5, 2022 by Crazy Cat

[Tinkerbell307 1]

25 minutes ago, Crazy Cat said:

No reason to wait after 90 days.  I would file as soon as I could after marriage.  There are no benefits in waiting.  Waiting will only delay ability to work, delay the ability to travel outside the US, delay getting the Green card, and delay filing for citizenship.  Personally, I would marry asap, and start the process immediately. Why wait?

Thanks for explaining! Sorry, I guess im

Just thrown off by the information that google provides on this. On different pages it says to definitely wait 90 days to not fall suspicious to USCIS, but maybe that’s more the practical aspect, not the theoretical one? I added ax example of what I found online as a picture. Thank you for Your help! 

[Crazy Cat 41,916]

The 90 days rule is under DOS, not USCIS.  USCIS is not bound by a 90 day rule. You are using unofficial information.  Why would waiting 90 days change the intent a person had when they entered?  The 90 day rule for USCIS is a myth which just won't die.  We see it time and time again. 

[Tinkerbell307 1]

Just now, Crazy Cat said:

The 90 days rule is under DOS, not USCIS.  USCIS is not bound by a 90 day rule. You are using unofficial information.  Why would waiting 90 days change the intent a person had when they entered?  The 90 day rule for USCIS is a myth which just won't die.  We see it time and time again. 

Makes sense! Thank you for clarifying this, it definitely confused me cause it didn’t make any sense to me either! 😃 do you happen to have information on the interview part on where you have to “prove” the intent? Is there any experience on how that Part could be proven by couples who where in a smiling situation? (Eg a regular visit and then decided to marry?) or is that part a myth as well? ( having to proof somehow you didn’t have intentions of getting married when you originally entered) 

 

 

[Crazy Cat 41,916]

1 minute ago, Tinkerbell307 said:

Makes sense! Thank you for clarifying this, it definitely confused me cause it didn’t make any sense to me either! 😃 do you happen to have information on the interview part on where you have to “prove” the intent? Is there any experience on how that Part could be proven by couples who where in a smiling situation? (Eg a regular visit and then decided to marry?) or is that part a myth as well? ( having to proof somehow you didn’t have intentions of getting married when you originally entered) 

 

 

You will not have to prove intent.  Many, many, many people here have adjusted under the same circumstances. 

[Tinkerbell307 1]

2 minutes ago, Crazy Cat said:

You will not have to prove intent.  Many, many, many people here have adjusted under the same circumstances. 

Thank you so much for your quick replies  you really helped me a lot

[SteveInBostonI130 3,464]

3 hours ago, Tinkerbell307 said:

Thank you! Is it

correct that proper forms should be filed after day 90? Or can we go ahead and file I-485 right after marriage, even if it’s going to be on - let’s say - day 45? To avoid long times of being completely out of status? 
 

thank You again!

 

File as soon as you get the marriage certificate.

 

Forms needed:  I-130, I-485, I-765 and I-131.  Some of those forms require other forms, like the I-864 for the I-485.

 

You will not be able to travel outside the US for about 8 months while waiting for the I-131 to be approved.  You will not be able to work until the I-765 is approved, which in the past was also about 8 months but has been issued quicker recently.  You will not be able to work until you get the I-765 approved.  In most states you will not be able to drive until you get the I-765 approved and get a SSN.

 

[Tinkerbell307 1]

2 minutes ago, SteveInBostonI130 said:

 

File as soon as you get the marriage certificate.

 

Forms needed:  I-130, I-485, I-765 and I-131.  Some of those forms require other forms, like the I-864 for the I-485.

 

You will not be able to travel outside the US for about 8 months while waiting for the I-131 to be approved.  You will not be able to work until the I-765 is approved, which in the past was also about 8 months but has been issued quicker recently.  You will not be able to work until you get the I-765 approved.  In most states you will not be able to drive until you get the I-765 approved and get a SSN.

 

Thank you! We’re in Florida, any information

About the approximate timeline over here for the I-765 to be approved so I can drive? Do these forms usually get approved before the greencard / date of the interview? Would I be allowed to drive with my German drivers license or no? 

[SteveInBostonI130 3,464]

1 hour ago, Tinkerbell307 said:

Thank you! We’re in Florida, any information

About the approximate timeline over here for the I-765 to be approved so I can drive? Do these forms usually get approved before the greencard / date of the interview? Would I be allowed to drive with my German drivers license or no? 

 

I-765:   Less than 8 months

I-131:   About 8 months

I-485:   12-24 months

 

In FL, it seems you can use you foreign driver's license until you become a resident.  You are considered a resident based on the following:

Quote

When must a driver get a Florida driver license?

You must get a Florida license within 30 days of becoming a resident. You are considered a resident of Florida if you:

1.  Enroll your children in public school, or
2.  Register to vote, or
3.  File for a homestead exemption, or
4.  Accept employment, or
5.  Reside in Florida for more than six consecutive months.

Current law requires customers to present proof of legal name, lawful presence, Social Security Number and two forms of residential address. If your name has ever been changed by marriage, divorce or court order, then you must present these documents. You will have to provide proof of any and all name changes. To find out more regarding these documents, please visit our What To Bring page.

If you are not able to provide the necessary documents, you may be issued a 60-day temporary permit, providing your out-of-state license is valid or has been expired for 60 days or less. This will permit you to drive for 60 days while you are obtaining the documents.

Also, you can make an appointment. Appointments are recommended, but not required at most offices. Look at the list of offices–some are by Appointment Only. Otherwise, you can go to any office that is convenient.

Click here for a list of fees.

 

I believe Number 5, above, applies to you.  Therefore, you have 7 months from when you entered Florida to when you cannot drive until you have a FL DL (six months living in FL plus the 30 days after this makes you a resident).  I believe the EAD card would arrive within 7 months, but you should check the working and traveling forum to see posts about current wait times:

 

https://www.visajourney.com/forums/forum/115-working-amp-traveling-during-us-immigration/

 

Edited September 5, 2022 by SteveInBostonI130

[ghostinthemachine 75]

On 9/5/2022 at 3:47 PM, Tinkerbell307 said:

4. my fiancé was married before and has been legally divorced for 1 1/2 years now. His ex wife was from

germany too and he unter went the same procedure 7 years ago already. Will that be a red flag or give us any problems? We won’t have any problems proving that our marriage is bonafide as we really love each other and had been in a relationship for months now. I guess my fiancé just likes Germans 😃😃 lol.

I think the other questions were already answered, but for this one I can actually add some personal experience. My husband previously sponsored his ex-wife (who is now a citizen) and whilst they were broken up for a couple of years, the divorce only became final like three months before we decided to elope. No one has ever questioned anything or the timelines (as there is a fair amount of overlap of him still being legally married to someone else whilst we were already dating). If your current relationship is legit and you have ways of proving it (meaning the usual evidence that everyone sends in for AOS purposes) I absolutely wouldn't worry. Just make sure you include proper copies of his divorce decree where necessary of course.

 

Edited September 6, 2022 by ghostinthemachine
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[Tinkerbell307 1]

5 hours ago, ghostinthemachine said:

I think the other questions were already answered, but for this one I can actually add some personal experience. My husband previously sponsored his ex-wife (who is now a citizen) and whilst they were broken up for a couple of years, the divorce only became final like three months before we decided to elope. No one has ever questioned anything or the timelines (as there is a fair amount of overlap of him still being legally married to someone else whilst we were already dating). If your current relationship is legit and you have ways of proving it (meaning the usual evidence that everyone sends in for AOS purposes) I absolutely wouldn't worry. Just make sure you include proper copies of his divorce decree where necessary of course.

 

Thank you for sharing that experience, that helps a lot! Really helps me relax about the whole process and not stress about it to much