Adjustment of status from ESTA. We eloped due to significant change in circumstances- we have filed 1-129f

[Danielle19999999 0]

Hi. 
my husband and I had previously filed 1-129f . 
I visited on ESTA, overstayed due to religion and other factors to be married as soon as possible..  we got married now to file adjustment of status. 

do I have to cancel our 1-129f form filing? before applying for adjustment of status. 

Edited March 9 by Daniellem1992
Added information

[Boiler 45,513]

No

[Redro 4,611]

3 hours ago, Danielle19999999 said:

Hi. 
my husband and I had previously filed 1-129f . 
I visited on ESTA, overstayed due to religion and other factors to be married as soon as possible..  we got married now to file adjustment of status. 

do I have to cancel our 1-129f form filing? before applying for adjustment of status. 

I129F is voided because you are now married. file I130 and I130a asap and AOS documents  as fees are going up April 1. 

[Surzel 1]

4 hours ago, Redro said:

file I130 and I130a asap and AOS documents  as fees are going up April 1. 

Could you link where fees are going up? Interested to learn

[OldUser 6,662]

1 hour ago, Surzel said:

Could you link where fees are going up? Interested to learn

https://www.uscis.gov/g-1055

 

[Etherial 277]

13 hours ago, Danielle19999999 said:

Hi. 
my husband and I had previously filed 1-129f . 
I visited on ESTA, overstayed due to religion and other factors to be married as soon as possible..  we got married now to file adjustment of status. 

do I have to cancel our 1-129f form filing? before applying for adjustment of status. 

No, the i-129 is voided as they told you above.

Expect an interview and to prove that when you came on esta you had no intention to stay.

I find that very hard to prove and explain given that you knew your religious beliefs before coming here (unless one of you converted after your arrival) and probably you will be asked to explain how religion is a reason to overstay and get married, skipping the immigration process, since your previously filled i-129 shows clear immigration intent.

 

Edited March 9 by Etherial

[Crazy Cat 41,853]

***One non-contributory comment removed***

[Crazy Cat 41,853]

Unless the OP misrepresented himself/herself at POE, there likely won't be a discussion of prior intent at the Adjustment of Status interview. I have seen only one case denied at the interview for misrep of intent.  In that case, the applicant made specific statements during a secondary inspection in which she stated "I will not adjust status" to an officer.  Later, during the interview, the written interview notes and statement from secondary were used to charge her with misrep.  We never heard back from the spouse, who was seeking help here.  Intent is normally determined at the point of entry.   I have seen no other cases in which the subject even arose during the interview.  There could be cases, but I know of no others. ...just my observations here on VJ.

Edited March 9 by Crazy Cat

[Redro 4,611]

1 hour ago, Etherial said:

No, the i-129 is voided as they told you above.

Expect an interview and to prove that when you came on esta you had no intention to stay.

I find that very hard to prove and explain given that you knew your religious beliefs before coming here (unless one of you converted after your arrival) and probably you will be asked to explain how religion is a reason to overstay and get married, skipping the immigration process, since your previously filled i-129 shows clear immigration intent.

 

I know several people who adjusted on ESTA because of fairly serious questioning by CBP. Basically if you are scared by the officer that the next time you visit you might be denied entry… it makes sense to have a conversation with your partner and decide to stay and adjust. Unless OP was told that they shouldn’t/mustn’t adjust while visiting (and I’ve only seen that mentioned once here on VJ) adjusting is not against the rules after being admitted. 

Edited March 9 by Redro

[Boiler 45,513]

36 minutes ago, Redro said:

I know several people who adjusted on ESTA because of fairly serious questioning by CBP. Basically if you are scared by the officer that the next time you visit you might be denied entry… it makes sense to have a conversation with your partner and decide to stay and adjust. Unless OP was told that they shouldn’t/mustn’t adjust while visiting (and I’ve only seen that mentioned once here on VJ) adjusting is not against the rules after being admitted. 

They can mark you passport no AoS no CoS, means nothing.

 

A few people have mentioned it was brought up at the interview but seems very much the exception.

[Etherial 277]

4 hours ago, Redro said:

I know several people who adjusted on ESTA because of fairly serious questioning by CBP. Basically if you are scared by the officer that the next time you visit you might be denied entry… it makes sense to have a conversation with your partner and decide to stay and adjust. Unless OP was told that they shouldn’t/mustn’t adjust while visiting (and I’ve only seen that mentioned once here on VJ) adjusting is not against the rules after being admitted. 

I never said it is against the rules. 

 

But while i understand a visitor might be scared that the next time they visit they will be denied entry, it doesn't make sense for a k1 applicant, as k1s usually do not have issues. (Except for a recent case of a k1 holder I saw that made ridiculous posts on social media and was denied entry with an approved k1).

 

[Cathi 5,748]

Out of curiosity: why would religion force anyone to overstay?

Serious inquiry.