Advice on timeline

[Iza414 0]

Hello!

 

Soon to be married within the next two weeks and then going to file for AOS. 

 

After the beginning of April the 90 days my ESTA allows me to be here will be over. Is it worth rushing to get everything filed (filling in forms, medical etc) and sending it before then? Or would going over that 90 days before filing negatively effect my application? If we waited longer to file it, maybe it could help give us time to set up joint accounts, payments etc for evidence of bona fide marriage? 

 

Also if waiting isn’t a foolish choice, is it possible to apply for the AED still? I doubt it but was wondering as this would allow us to get more joint bills etc.

 

Any advice is appreciated 

[Verrou 1,962]

wait till you have your marriage certificate (not license) in hand + some joint evidences to avoid RFE for example : 3 months bank statements + added in insurance if possible. There’s more list of bonafide marriage evidence. I personally rather filed once in 1 go with great evidences than send it with bare minimum 

 

I’m not clear about EAD question. You can only file for EAD if you file for I-485

Edited March 2 by Verrou

[Redro 4,611]

36 minutes ago, Iza414 said:

Hello!

 

Soon to be married within the next two weeks and then going to file for AOS. 

 

After the beginning of April the 90 days my ESTA allows me to be here will be over. Is it worth rushing to get everything filed (filling in forms, medical etc) and sending it before then? Or would going over that 90 days before filing negatively effect my application? If we waited longer to file it, maybe it could help give us time to set up joint accounts, payments etc for evidence of bona fide marriage? 

 

Also if waiting isn’t a foolish choice, is it possible to apply for the AED still? I doubt it but was wondering as this would allow us to get more joint bills etc.

 

Any advice is appreciated 

You can apply for EAD even if you fall out of status. As you will be applying after April there will be an additional cost. Make sure to pay the increased price for I130: i485 and EAD and AP if you want to travel. Just to confirm the person you are marrying is a U.S. citizen? 
 

[Crazy Cat 41,821]

39 minutes ago, Iza414 said:

Or would going over that 90 days before filing negatively effect my application?

After your I-94 has expired, you will be out of status and subject to removal. Marriage does not give you authorized stay in the US.  Once you file a proper I-485, you will be granted "authorized stay" until the I-485 has been either approved or denied.  Waiting delays the ability to work, the ability to leave the US, and the ability to file for citizenship.  It is rare, but bad things can happen.

 

 

 

Edited March 2 by Crazy Cat

[Crazy Cat 41,821]

20 minutes ago, Redro said:

You can apply for EAD even if you fall out of status.

"Also if waiting isn’t a foolish choice, is it possible to apply for the AED still?"

What would be the OP's basis for an EAD if not done when filing for adjustment of status? I can't think of any other basis (based on the OP's post) to qualify for an EAD.  I believe an application for an EAD before submitting an I-485 would be denied.

Edited March 2 by Crazy Cat

[Redro 4,611]

11 minutes ago, Crazy Cat said:

After your I-94 has expired, you will be out of status and subject to removal. Marriage does not give you authorized stay in the US.  Once you file a proper I-485, you will be granted "authorized stay" until the I-485 has been either approved or denied.  Waiting delays the ability to work, the ability to leave the US, and the ability to file for citizenship.  It is rare, but bad things can happen.

 

 

 

OP is also on ESTA so… I’m not sure what that means if something goes wrong but it wont be the same as a K1/ B2 overstay 

Edited March 2 by Redro

[Crazy Cat 41,821]

1 minute ago, Redro said:

OP is also on ESTA so… I’m not sure what that means if something goes wrong but it wont be the same as a K1/ B2 overstay 

It would mean there is no appeal. ESTA/VWP would be gone forever due to the overstay. 

[Iza414 0]

1 hour ago, Verrou said:

wait till you have your marriage certificate (not license) in hand + some joint evidences to avoid RFE for example : 3 months bank statements + added in insurance if possible. There’s more list of bonafide marriage evidence. I personally rather filed once in 1 go with great evidences than send it with bare minimum 

 

I’m not clear about EAD question. You can only file for EAD if you file for I-485

is it worth the risk for overstaying? Would that effect my application due to technically staying illegally before filing?

[Iza414 0]

1 hour ago, Redro said:

You can apply for EAD even if you fall out of status. As you will be applying after April there will be an additional cost. Make sure to pay the increased price for I130: i485 and EAD and AP if you want to travel. Just to confirm the person you are marrying is a U.S. citizen? 
 

Yes the person i’m marrying is a US citizen.

 

EAD is a no go unless i also file for i485 as i thought so never mind about that just wondered.

[Iza414 0]

1 hour ago, Crazy Cat said:

After your I-94 has expired, you will be out of status and subject to removal. Marriage does not give you authorized stay in the US.  Once you file a proper I-485, you will be granted "authorized stay" until the I-485 has been either approved or denied.  Waiting delays the ability to work, the ability to leave the US, and the ability to file for citizenship.  It is rare, but bad things can happen.

 

 

 

So overall better to file before the 90 days with less bona fide evidence than overstay until we have more?

[wildbug100420 102]

13 minutes ago, Iza414 said:

So overall better to file before the 90 days with less bona fide evidence than overstay until we have more?

File asap. If you get rfe then act promptly 

[Verrou 1,962]

30 minutes ago, Iza414 said:

is it worth the risk for overstaying? Would that effect my application due to technically staying illegally before filing?

There’s always a risk. I just don’t know the extend of percentage of it. And overstay (not illegally since you came with Esta) is forgiven when you married US citizen. 
 

once you overstay, your ESTA most likely gone forever. And you have to think about : 

1. You can’t work

2. you can’t leave US 

3. you can’t drive 

for a while until you get ur EAD/AP (at least) 

 

something to think about. Everyone has different priorities. 
 

can’t tell you if it’s worth it to overstay or not because I’m not you. 

Edited March 3 by Verrou

[Iza414 0]

39 minutes ago, Verrou said:

There’s always a risk. I just don’t know the extend of percentage of it. And overstay (not illegally since you came with Esta) is forgiven when you married US citizen. 
 

once you overstay, your ESTA most likely gone forever. And you have to think about : 

1. You can’t work

2. you can’t leave US 

3. you can’t drive 

for a while until you get ur EAD/AP (at least) 

 

something to think about. Everyone has different priorities. 
 

can’t tell you if it’s worth it to overstay or not because I’m not you. 

That’s fair and thank you for your views, was more so just the possibility of being deported however that could happen. 

 

Those 3 things you mentioned aren’t an issue for me it’s mainly the risk from overstaying.

 

so it’s forgiven when married? I read in an earlier reply it’s only forgiven once filled for the AOS?

[Verrou 1,962]

10 minutes ago, Iza414 said:

That’s fair and thank you for your views, was more so just the possibility of being deported however that could happen. 

 

Those 3 things you mentioned aren’t an issue for me it’s mainly the risk from overstaying.

 

so it’s forgiven when married? I read in an earlier reply it’s only forgiven once filled for the AOS?

Bottom line just try to file as fast as u can along with bonafide evidences. In the mean time, avoid border check (if you live within 50 miles) 

 

and yes it’s forgiven in the end if you file I-485 and got approved. Also u also under cover when I-485 still pending

Edited March 3 by Verrou

[SalishSea 17,818]

17 hours ago, Iza414 said:

is it worth the risk for overstaying? Would that effect my application due to technically staying illegally before filing?

As long as you did not lie to the border agent about your plans when you arrived, you should be okay.