Married on ESTA + AOS

[E&G 2]

2 hours ago, Boiler said:

OP joined 2 days ago, so if there is a prior history obviously I do not have access to it. Different Username?

 

I have no objection to you supplying your opinion, we are all free to enjoy the site, the only issue I have is that you implied your opinion was fact. 

 

2 hours ago, VinnyH said:

1. It is legal to stay and adjust status if that was not her intent initially when she entered the U.S. to stay and adjust status.

 

Plans change and life happens, so a tourist who enters the U.S. initially for tourism (with no immigrant intent so far) and meets by chance the love of his/her life and happens to marry by the end of the 90-days granted by the ESTA can totally do the AOS once married.

 

In your case however, you and your fiancée clearly have the immigrant intent for her even before she arrived in the U.S., therefore it is totally illegal.

 

When your fiancée arrives to the U.S. POE, the CBP agent will likely ask her the reason of her visit.

 

She can say she is here to marry, or lie and says she is here for tourism purposes or visit you as a "friend". The CBP agent may get suspicious and asks what your relationship to her you are, and if it is discovered that you are engaged, then she will be under scrutiny, because although coming to get married is not illegal, the CBP is always concerned whether she will leave.

 

So if she decided to be honest from the beginning and say she is here to get married, they will assess whether her plan to leave after the wedding. Two options:

 

A. Be honest and say you intend to adjust status: she will be denied entry and sent back. You can still go with the CR1 option in her own country.

 

B. She lies and is admitted. You get married and do AOS.

 

So indeed, she can always lie, and this is a serious misrepresentation. It might never get caught and you will be fine. But a lie remains a lie and it can always come back and bite her in the butt later on, especially when/if she decides to apply for citizenship when the USCIS will look at all the timeline, and you might be questioned to explain yourself. Or the USCIS might not care at all.

 

At the end of the day, it is about doing the right thing and a question of ethics, moral and following the law.

 

You are the one making the decisions.

 

 

She is already here in the US with me right now visiting.

When she entered the US, she had no plans of staying. She has a job back home, lease, and a return ticket. 

[SalishSea 17,819]

5 hours ago, E&G said:

How long until she can starting working?

How long until she can travel back home? 

Up to 8 months for both.

[SalishSea 17,819]

12 minutes ago, E&G said:

 

She is already here in the US with me right now visiting.

When she entered the US, she had no plans of staying. She has a job back home, lease, and a return ticket. 

Odd that she could simply abandon all of that to stay in the US for months and months....  all in order to avoid the queue for an immigrant visa.

 

Yes, you can jump the queue, but there are drawbacks that you take on when you make that choice.

[E&G 2]

4 minutes ago, SalishSea said:

Odd that she could simply abandon all of that to stay in the US for months and months....  all in order to avoid the queue for an immigrant visa.

 

Yes, you can jump the queue, but there are drawbacks that you take on when you make that choice.

Obviously it isn't ideal but we've heard the CR1 visa could take up to 2 years.

[SalishSea 17,819]

Just now, E&G said:

Obviously it isn't ideal but we've heard the CR1 visa could take up to 2 years.

Yes.  The green card will as well.

 

How will you afford all of this, since you're not working?  Do you live with your parents?

[Daphne . 1,852]

24 minutes ago, E&G said:

Obviously it isn't ideal but we've heard the CR1 visa could take up to 2 years.

What kind of job does she have? 
 

I was able to visit my husband while my CR1 was pending. I had a stable job, kept my visits short (around 2 weeks per visit) because I couldn’t be away from work for longer. I think Finland and The Netherlands are comparable in terms of low-fraud countries. 
 

If she keeps her ties to Finland strong and doesn’t have long visits, you should be able to still see each other while the CR1 is processing. And you can of course visit her or meet in a different country. 

[Redro 4,611]

15 hours ago, E&G said:

Obviously it isn't ideal but we've heard the CR1 visa could take up to 2 years.

Do you have the financial resources to 1.) pay for adjustment 2.) support your partner while you wait for her EAD/AP and GC?

Is your partner aware she is not allowed to work for her job back in Finland remotely while waiting for EAD?

If you can afford to adjust and have a joint sponsor lined up - you currently don't qualify to sponsor someone if you don't have a job unless you have at least $75K in savings- do so... but be aware of the financial costs and maybe set up a budget assuming only you will be working for the next year (worst case scenario).

Adjustment currently costs $1225 plus I-130 is $535. You should also research the cost of the medical in your area as the price can vary wildly...

@E&G you can find the most cost effective civil surgeon here.

Make sure you send in the package as soon as you receive the marriage certificate. You do not have to wait 90 days before you marry and adjust.

 

Edited June 24, 2023 by Redro

[Redro 4,611]

21 hours ago, E&G said:

Is there a form that details the responsibilities of a joint sponser? i.e how long they have to be a sponser, how much income they must have etc. 

Joint sponsor has the same responsibilities as the main sponsor (you). 

Their income is based on how many dependents they have PLUS the immigrant. 

You can see the guidelines here.

[E&G 2]

8 hours ago, Redro said:

Joint sponsor has the same responsibilities as the main sponsor (you). 

Their income is based on how many dependents they have PLUS the immigrant. 

You can see the guidelines here.

Thanks for the link.

 

Sorry, I couldn't find where it says how long they would have to sponsor us for. 

8 hours ago, Redro said:

Do you have the financial resources to 1.) pay for adjustment 2.) support your partner while you wait for her EAD/AP and GC?

Is your partner aware she is not allowed to work for her job back in Finland remotely while waiting for EAD?

If you can afford to adjust and have a joint sponsor lined up - you currently don't qualify to sponsor someone if you don't have a job unless you have at least $75K in savings- do so... but be aware of the financial costs and maybe set up a budget assuming only you will be working for the next year (worst case scenario).

Adjustment currently costs $1225 plus I-130 is $535. You should also research the cost of the medical in your area as the price can vary wildly...

@E&G you can find the most cost effective civil surgeon here.

Make sure you send in the package as soon as you receive the marriage certificate. You do not have to wait 90 days before you marry and adjust.

 

 

I do have over 75k in assets right now. Do you still think I need a joint sponsor just in case? 

[Redro 4,611]

9 hours ago, E&G said:

Thanks for the link.

 

Sorry, I couldn't find where it says how long they would have to sponsor us for. 

 

They'll be sponsoring your future wife. Not you. You will still have to complete your own I-864.

Google I864 instructions. All the information is there. 

Short answer: There is no set time period for how long sponsorship longs. But, becoming a US citizen ends the obligation. 

9 hours ago, E&G said:

I do have over 75k in assets right now. Do you still think I need a joint sponsor just in case? 

If you were going through the consulate I would say you should be fine. I'm not sure about USCIS most people say they don't accept assets even though they technically should. 

Edited June 25, 2023 by Redro

[E&G 2]

23 hours ago, Redro said:

Joint sponsor has the same responsibilities as the main sponsor (you). 

Their income is based on how many dependents they have PLUS the immigrant. 

You can see the guidelines here.

ok thank you

 

So say my joint sponsor has a wife, but no other dependents. How much would he have to make to sponsor my future wife?

$31,07?

 

[Redro 4,611]

5 hours ago, E&G said:

ok thank you

 

So say my joint sponsor has a wife, but no other dependents. How much would he have to make to sponsor my future wife?

$31,07?

 

Totality of circumstances… might not be sufficient in California 

[E&G 2]

3 hours ago, Redro said:

Totality of circumstances… might not be sufficient in California 

 

But isn't there an official number? Like the link you gave. - sponsor for 2 household would be around 25k. So if it is 2 person household + my partner, would that make it equivalent to 3 aka 31k? 

[powerpuff 6,697]

4 minutes ago, E&G said:

 

But isn't there an official number? Like the link you gave. - sponsor for 2 household would be around 25k. So if it is 2 person household + my partner, would that make it equivalent to 3 aka 31k? 

Those are bare minimum numbers. USCIS is free to make a determination that it is not enough even if it’s (marginally) over that bare minimum number. @Redro is right, California is extremely expensive so they might find that it’s not enough as opposed to, let’s say, if you lived in Idaho. 

[E&G 2]

1 minute ago, powerpuff said:

Those are bare minimum numbers. USCIS is free to make a determination that it is not enough even if it’s (marginally) over that bare minimum number. @Redro is right, California is extremely expensive so they might find that it’s not enough as opposed to, let’s say, if you lived in Idaho. 

I understand that.

 

But what would be the bare minimum numbers in this case? Man with only a wife as dependent sponsoring my partner?