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HelpMeToBeMe

If I file before my ESTA 90 days but the NOA is after the 90 days, what happens?

By HelpMeToBeMe in Adjustment of Status from Work, Student, & Tourist Visas

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HelpMeToBeMe Newbie

HelpMeToBeMe   0

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Planning on marrying my US girlfriend on the 85th day of my ESTA and submitting I-485 and all the other documents on the same day. We will be able to get marriage certificate on the same day and then file everything and send it via FedEx overnight delivery.

 

I am worried that it may take more than 5 days to receive my NOA/notice (I'm not sure on the correct wording) from USCIS and that by the time I receive the notification, I will be out of status and illegally staying in the US (!)

 

Has anyone faced a similar situation?

What happens if I do not receive the NOA until after the 90 days?

Will this look bad during the interview?

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powerpuff Veteran

powerpuff   6,697

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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22 minutes ago, HelpMeToBeMe said:

What happens if I do not receive the NOA until after the 90 days?

Nothing, unless you encounter law enforcement/CBP

 

23 minutes ago, HelpMeToBeMe said:

Will this look bad during the interview?

No 

 

 

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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49 minutes ago, HelpMeToBeMe said:

Planning on marrying my US girlfriend on the 85th day

 

When is the 85th day?

 

49 minutes ago, HelpMeToBeMe said:

Has anyone faced a similar situation?

 

 

 

49 minutes ago, HelpMeToBeMe said:

What happens if I do not receive the NOA until after the 90 days?

 

ESTA is likely gone forever. 
 

49 minutes ago, HelpMeToBeMe said:

Will this look bad during the interview?

 

 

No

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
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15 hours ago, HelpMeToBeMe said:

From what I understand the ESTA is not gone forever unless I am in a situation where the CBP / US authorities need to check my documents?

If you overstay, ESTA is gone.......automatically....and forever.  That's the price everyone pays for abusing the privilege given by the US.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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HelpMeToBeMe Newbie

HelpMeToBeMe   0

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22 minutes ago, Crazy Cat said:

If you overstay, ESTA is gone.......automatically....and forever.  That's the price for abusing the privilege given to you by the US.

 

 

Understood that may happen. I'm more concerned that I'll be prosecuted or deported if my I-485 and other documents arrive after the 90 day mark.

 

Simply put, will anything happen to me if I file before the 90 day mark but receive my notice after the 90 day mark?

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
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3 minutes ago, HelpMeToBeMe said:

 

Understood that may happen. I'm more concerned that I'll be prosecuted or deported if my I-485 and other documents arrive after the 90 day mark.

 

Simply put, will anything happen to me if I file before the 90 day mark but receive my notice after the 90 day mark?

Of course, it could happen.  You will have no evidence of authorized stay in the US until you get proof that a proper I-485 was filed. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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2 hours ago, HelpMeToBeMe said:

 

Understood that may happen. I'm more concerned that I'll be prosecuted or deported if my I-485 and other documents arrive after the 90 day mark.

 

Simply put, will anything happen to me if I file before the 90 day mark but receive my notice after the 90 day mark?

Read the thread @Mike E posted above:

This is what miiiiight happen if you do not have proof of status after 90 day mark. 

If your marriage does not work out - and you never receive the GC then ESTA is gone forever. You won't be able to visit the US on a whim. Instead you will have to apply for a tourist visa. 

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WaterLeaf Rising Star

WaterLeaf   200

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Filed: AOS (apr) Country: Uruguay
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You can stay at home and have your spouse to do a few things like grocery shopping and such, until you get your NOA.

As long you get your NOA, you'll be fine. Don't stress too much, just be careful.

K-1 Visa process (I'm the USC [F]) [2018-2019]

Spoiler

Sent packet: August 10, 2018 (Lines Compressed to fit signature restriction guideline)

USCIS Received package: August 14 - Notification in text/email: August 17 - Mail received from USCIS: January 22, 2019
USCIS Approved I-129F Petition: January 17 - NVC Received Case: February 14 - NVC Case # Assigned: February 14

US Embassy Received: Not sure but got email reply - March 11 - Instructions Received via e-mail: March 19

Interview: May 7 - Approved! - Arriving to US/POE: June 12 - Married July 15, 2019

AOS Process [2019-2020]

Spoiler

Sent packet: July 27, 2019 - USCIS Received Package: July 29 - [Hiccup] Package was sent back due to incorrect fee and sent on August 5.
Notification in text/email: August 12 @ 12:30AM - Check cashed: August 12 - NOA 1 Mail: August 16 - Biometric: September 5 @ Atlanta, GA

AOS RFIE: Sept. 28 - got in mail by Oct 3. [They lost my Husband's Birth Certificate] - Sent back AOS RFIE: Oct 16 2019, at office by Oct 17.
AOS Case update notice on April 9th, 2020, waiting for mail. - Interview date: Scheduled as of July 15, date is August 19. Passed the interview!

My Husband got his GC! 2 Year Conditional Green Card expires 08/19/2022, Residence since 08/19/2020

ROC Process [2022-2024]

Spoiler

Sent packet: June 16, 2022 via USPS, USCIS Received Package: June 21
Notice in text (didn't get email nor text on other phone): June 24
Notice date: June 23, package is at SRC (Texas Service Center), Paid with Credit Card, payment taken on June 25
NOA 1 Mail: June 30, Biometric: Reused
Got letter in mail for extension: April 12th, Received date June 21, 2022, Notice date: April 5, 2023 = 48 Months Extension. No physical card yet.
Approved without interview as of Feb 15th, 2024. Was not a combo interview with N-400.

Naturalization N-400 [2023-2024]

Spoiler

Filed Online: July 28, 2023, NOA: July 29, 2023
Service Center: NBC, application # starts with IOE#.
Biometrics waived. Got NOA mail Jan 5, 2024 says Interview in Nashville, TN on Feb 6, 2024.
Queue for review and approval. Already in line for Oath Ceremony as of Feb 13th, 2024.
NOA as of 4/29/24 - Oath Ceremony scheduled for May 30th in Chattanooga, TN. Rescheduled as of May 2nd, 2024 by USCIS - new date is May 29th.
May 29th - Naturalized! Ta-da!

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chrissandra Contributor

chrissandra   59

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Filed: K-1 Visa Country: Croatia
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Out of curiosity…why do you have to wait for day 85? Why can’t you marry earlier and avoid all the stress? It’s quite obvious you are going to marry 🤷🏻‍♀️

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beloved_dingo Proficient

beloved_dingo   1,976

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Filed: Citizen (apr) Country: Australia
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If you are waiting until 85 days because of some "90 day rule" that you heard, it is a myth. 

 

Marry and file the package ASAP. Even if you have a wedding planned on day 85, there is nothing stopping you from going to a courthouse ASAP and getting legally married so you can file for AOS as quickly as possible, and still have the wedding celebration on the planned date. 

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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