Looking at my options AOS from ESTA?

[chels2210 0]

Hi there,

 

I've been reading through the forum today and decided to make my own post to get some advice just to ensure my own situation fits. I arrived about a month ago on an ESTA to visit my boyfriend. Last week he proposed and we're discussing how we should proceed. I've pushed my flights back by a bit (still within my 90 days) to give us more time to enjoy the engagement and see what we want to do. We're mainly looking at us getting married and  me applying for AOS. I still have a lot going on at home including a job, car, pets etc. that will all have to be considered but just want to see what options are available to me.

I've seen something about a 90 day rule in terms of getting married and some people say its real or that it's not. I'm just wondering if that's a thing I'd rather not overstay my esta and would rather file before it expired. Any advice would be much appreciated. I mainly just want to know would it be ok for us to go ahead with getting married and applying for AOS?

[SalishSea 17,852]

7 minutes ago, chels2210 said:

Hi there,

 

I've been reading through the forum today and decided to make my own post to get some advice just to ensure my own situation fits. I arrived about a month ago on an ESTA to visit my boyfriend. Last week he proposed and we're discussing how we should proceed. I've pushed my flights back by a bit (still within my 90 days) to give us more time to enjoy the engagement and see what we want to do. We're mainly looking at us getting married and  me applying for AOS. I still have a lot going on at home including a job, car, pets etc. that will all have to be considered but just want to see what options are available to me.

I've seen something about a 90 day rule in terms of getting married and some people say its real or that it's not. I'm just wondering if that's a thing I'd rather not overstay my esta and would rather file before it expired. Any advice would be much appreciated. I mainly just want to know would it be ok for us to go ahead with getting married and applying for AOS?

90 day rule is not a thing for USCIS.

 

However, you would be stuck in the US without the ability to be readmitted if you leave, or to work for up to 8 months, which is how long the forms for advance parole and work auth can take to be processed.  Green cards themselves are taking up to two years. 

 

Most adults with adult lives and responsibilities back home (job, pets, home) are not in a position to spontaneously leave it all for the period of time required to adjust status on ESTA.

[Daphne . 1,877]

Although technically you can do AOS from your Esta because you are in the US at the moment, I would really rethink the idea and consider the implications. You will not be able to work (even remotely for your foreign employer) or leave the US for many months. 

 

I got married on an Esta as well, but left the US and went the CR1 route. I was so happy that I was able to work and travel immediately upon arriving in the US on my approved visa. It helped with my sense of purpose, my independence and integration in the US. I was able to visit my husband while my CR1 was processing, so the wait wasn't too terrible.

 

Adjusting to living in a new country can be challenging and is lonely sometimes. You have never lived with your partner before (neither did we) , so that will be new as well. 

[Letspaintcookies 2,310]

I would get married now but go back home and go the CR1 route. This will give you enough time to settle everything in your home country. You can still come and visit during the process and when you return for good you'll be able to work and travel and everything right from the get go instead of sitting at home for months on end.

[SteveInBostonI130 3,464]

AOS itself takes over a year.  Typically 12-18 months.

 

At the same time, you can apply for a work permit and advanced parole.  EAD has been speeding up lately, from about 8 months processing last year to a few months nowadays.  AP, however, has been taking 8 months or so.

 

The above means if you go the AOS route, you cannot work or drive a car for a few months, and you cannot travel back home for about 8 months.  If you do travel back before getting the AP, your AOS is deemed abandoned and you would need to start all over with a CR1/IR1 visa.

[Crazy Cat 41,914]

3 hours ago, chels2210 said:

Hi there,

 

I've been reading through the forum today and decided to make my own post to get some advice just to ensure my own situation fits. I arrived about a month ago on an ESTA to visit my boyfriend. Last week he proposed and we're discussing how we should proceed. I've pushed my flights back by a bit (still within my 90 days) to give us more time to enjoy the engagement and see what we want to do. We're mainly looking at us getting married and  me applying for AOS. I still have a lot going on at home including a job, car, pets etc. that will all have to be considered but just want to see what options are available to me.

I've seen something about a 90 day rule in terms of getting married and some people say its real or that it's not. I'm just wondering if that's a thing I'd rather not overstay my esta and would rather file before it expired. Any advice would be much appreciated. I mainly just want to know would it be ok for us to go ahead with getting married and applying for AOS?

Filing for Adjustment of status will require you to remain in the US for as long as 8 months before leaving FOR ANY REASON.  Are you willing to do that?  If not, then marry, return home and start the spousal visa process.  

[Sammy_2496 116]

There is no 90 day rule. You can adjust status, but you will be stuck in the USA for some time without work and you cant leave (until you get your green card) unless you apply for advance parole.