Marrying then adjusting status with an ESTA then overstaying? (Merged threads)

[Hoggypi 1]

I am unsure if I should just return to my home country and begin the K1 visa process or if we can get married while I’m here then I return home to start the spouse visa or apply for adjustment of status while married on an ESTA? I am from Australia.

[Ontarkie 14,237]

~~Moved to What VIs DO I Need, from K1 P&P- As the OP is exploring options.~~

 

Mod hat off

 

Yes you can visit on ESTA and marry with the intent to go home. What you cannot do is visit with the intent to AOS as that is fraud. With the new prices for the K1's adjustment of status one would be crazy to go that route. 

Wait I just reread your posts. Are you in the US now? 

[Allaboutwaiting 2,503]

Marry, go back and apply for spousal visa.

[Hoggypi 1]

23 minutes ago, Ontarkie said:

~~Moved to What VIs DO I Need, from K1 P&P- As the OP is exploring options.~~

 

Mod hat off

 

Yes you can visit on ESTA and marry with the intent to go home. What you cannot do is visit with the intent to AOS as that is fraud. With the new prices for the K1's adjustment of status one would be crazy to go that route. 

Wait I just reread your posts. Are you in the US now? 

I’m currently in the US and have only two weeks left until my 90 day ESTA expires and I have to return to Australia. 

Edited April 21 by Hoggypi
Spelling

[Hoggypi 1]

22 minutes ago, Allaboutwaiting said:

Marry, go back and apply for spousal visa.

Just out of interest what would the reasons be for going this route? 

[Hoggypi 1]

26 minutes ago, Ontarkie said:

~~Moved to What VIs DO I Need, from K1 P&P- As the OP is exploring options.~~

 

Mod hat off

 

Yes you can visit on ESTA and marry with the intent to go home. What you cannot do is visit with the intent to AOS as that is fraud. With the new prices for the K1's adjustment of status one would be crazy to go that route. 

Wait I just reread your posts. Are you in the US now? 

Just to clarify, if I married with the intention of going home would that be going home to file the spouse visa? 

[Ontarkie 14,237]

20 minutes ago, Hoggypi said:

I’m currently in the US and have only two weeks left until my 90 day ESTA expires and I have to return to Australia. 

Ok so you have the option to marry now and adjust status as this was not your plan when you entered the US. But be prepared to be stuck in the US, no working not even remote jobs, no US driver's license until EAD is in hand or the GC and now you have to apply and pay extra for it, the extra fee for AP to allow travel out of the US if there are any emergencies.

17 minutes ago, Hoggypi said:

Just to clarify, if I married with the intention of going home would that be going home to file the spouse visa? 

If you marry now and go home yes you would apply for the spousal visa. It does take awhile up to two years, but much more freedom when you arrive. 

[Boiler 45,585]

If you are here you can marry and adjust.

[Hoggypi 1]

35 minutes ago, Ontarkie said:

Ok so you have the option to marry now and adjust status as this was not your plan when you entered the US. But be prepared to be stuck in the US, no working not even remote jobs, no US driver's license until EAD is in hand or the GC and now you have to apply and pay extra for it, the extra fee for AP to allow travel out of the US if there are any emergencies.

If you marry now and go home yes you would apply for the spousal visa. It does take awhile up to two years, but much more freedom when you arrive. 

If I married asap and applied to adjust status would this be possible within two weeks otherwise would I be considered overstaying if it took longer? 
 

I’m thinking the best route for us would be marrying while I’m here in America then I return home to apply for spouse visa since I have to get my ducks in a row in Australia first

[Hoggypi 1]

25 minutes ago, Boiler said:

If you are here you can marry and adjust.

I am confused by this information that I found on Boundless “The rule is a USCIS guideline used to determine whether green card applicants applying from within the United States misled officials on their initial visa application to come to the United States. It generally means you cannot apply for AOS within the first 90 days of your stay in the United States and if you do, your case will most likely be denied.”

 

So I wonder how it would be at all possible for me to apply for AOS before 90 days, since if I stay longer I’d be overstaying 

[Boiler 45,585]

19 minutes ago, Hoggypi said:

If I married asap and applied to adjust status would this be possible within two weeks otherwise would I be considered overstaying if it took longer? 
 

I’m thinking the best route for us would be marrying while I’m here in America then I return home to apply for spouse visa since I have to get my ducks in a row in Australia first

Adjustment is not suitable for everyone.

Overstay would be forgiven.

15 minutes ago, Hoggypi said:

I am confused by this information that I found on Boundless “The rule is a USCIS guideline used to determine whether green card applicants applying from within the United States misled officials on their initial visa application to come to the United States. It generally means you cannot apply for AOS within the first 90 days of your stay in the United States and if you do, your case will most likely be denied.”

 

So I wonder how it would be at all possible for me to apply for AOS before 90 days, since if I stay longer I’d be overstaying 

Sadly a lot of false info out there.

[Daphne . 1,878]

51 minutes ago, Hoggypi said:

 

I’m thinking the best route for us would be marrying while I’m here in America then I return home to apply for spouse visa since I have to get my ducks in a row in Australia first

That sounds like a solid plan. 

[Allaboutwaiting 2,503]

2 hours ago, Hoggypi said:

Just out of interest what would the reasons be for going this route? 

Well, I assume you have a life in your country and you cannot just leave it willy nilly. So marrying and going back to sort things out is the best choice IMO.

 

Now, if you marry and slow things down enough for two years to pass before your spousal visa is approved, it would be even better, I think, as you would skip removal of conditions.

[Dashinka 24,538]

Additionally, if you marry and return to Australia while awaiting the spousal visa, you can visit during the process, but be careful of abusing ESTA.  Shorter visits are recommended.

 

Good Luck!

[GEOntificator 281]

11 hours ago, Ontarkie said:

Ok so you have the option to marry now and adjust status as this was not your plan when you entered the US. But be prepared to be stuck in the US, no working not even remote jobs, no US driver's license until EAD is in hand or the GC and now you have to apply and pay extra for it, the extra fee for AP to allow travel out of the US if there are any emergencies.

If you marry now and go home yes you would apply for the spousal visa. It does take awhile up to two years, but much more freedom when you arrive. 

This may have been the case before but if you look at the EAD approval rate the chance are that the OP will have EAD in 1-2 months which will then allow OP to work, get DL and everything else. Of course there is a chance of EAD taking longer but at this point they do automatic approvals basically after biometrics.