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

[GEOntificator 281]

12 hours ago, Hoggypi said:

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.

Unless you came here with the intent to adjust status you should be fine to adjust now. Going home and doing spousal visa means long distance relationship for 1-2 yrs. Staying here means being out of work for a few months and not being able to travel for about a year or so until AP approval or GC. 

Edited April 21 by GEOntificator

[smilingstone 163]

Out of interest, how would one prove that they entered on an ESTA without the intent to marry, therefore allowing them to remain through the AOS application?

[appleblossom 2,349]

1 minute ago, smilingstone said:

Out of interest, how would one prove that they entered on an ESTA without the intent to marry, therefore allowing them to remain through the AOS application?

If asked to prove it, it would be things like showing a leave of absence from a job (rather than resigning from it before travelling to the US), showing a house lease/mortgage - and again showing notice wasn’t given/the house wasn’t put on the market until after getting to the US. Basically proving one only intended to visit and still had a life in their home country to return to. 

[smilingstone 163]

1 minute ago, appleblossom said:

If asked to prove it, it would be things like showing a leave of absence from a job (rather than resigning from it before travelling to the US), showing a house lease/mortgage - and again showing notice wasn’t given/the house wasn’t put on the market until after getting to the US. Basically proving one only intended to visit and still had a life in their home country to return to. 

 

Ah, I see, that's actually pretty simple, thank you! 

[Hoggypi 1]

I’m currently in the US with my fiancé and he thinks a good option would be for us to get married soon then I return to Australia to adjust status and hopefully return to the us asap. Is this possible? I feel like the cr1 visa route is better. 

[appleblossom 2,349]

2 minutes ago, Hoggypi said:

I’m currently in the US with my fiancé and he thinks a good option would be for us to get married soon then I return to Australia to adjust status and hopefully return to the us asap. Is this possible? I feel like the cr1 visa route is better. 

 

So you want to get married and then return to Australia to apply for the CR1? Yes, that's possible, there's no adjustment of status though. You can visit the US in the meantime, but you can't move until you have a visa in hand, which will be approx 18 months after applying. 

 

Good luck. 

[Hoggypi 1]

1 minute ago, appleblossom said:

 

So you want to get married and then return to Australia to apply for the CR1? Yes, that's possible, there's no adjustment of status though. You can visit the US in the meantime, but you can't move until you have a visa in hand, which will be approx 18 months after applying. 

 

Good luck. 

My fiancé feels it’s best to marry then I return to Australia and we apply to adjust status rather than do the cr1 visa, so I’m interested to know if his method is practical or possible

[Crazy Cat 41,651]

2 minutes ago, Hoggypi said:

My fiancé feels it’s best to marry then I return to Australia and we apply to adjust status rather than do the cr1 visa, so I’m interested to know if his method is practical or possible

Adjustment of Status apples to people inside the US.  Visas are obtained outside the US.   If you marry, then return to home country, adjustment of status will not apply.

Edited April 25 by Crazy Cat

[appleblossom 2,349]

2 minutes ago, Hoggypi said:

My fiancé feels it’s best to marry then I return to Australia and we apply to adjust status rather than do the cr1 visa, so I’m interested to know if his method is practical or possible

 

Not sure what you mean 'rather than do the CR1 visa'? That would be your only option once married (or IR1 if you'd been married for more than 2 years). You can't apply to adjust status from Australia.

Edited April 25 by appleblossom

[Crazy Cat 41,651]

4 minutes ago, Hoggypi said:

My fiancé feels it’s best to marry then I return to Australia and we apply to adjust status rather than do the cr1 visa, so I’m interested to know if his method is practical or possible

Here are your options:

 

1.  Marry while you are here, and apply for adjustment of status.  You would not be able to leave the US (without abandoning the adjustment) for 3 to 6 months.  You cannot work for 3 to 6 months.

2.  Marry while you are here, then return to home country.  Your US souse will start the CR-1 process by filing an I-130.  You can visit during the process.  Then, in about 18 months, you will receive a CR-1 spousal visa.

[Crazy Cat 41,651]

11 minutes ago, Hoggypi said:

My fiancé feels it’s best to marry then I return to Australia and we apply to adjust status rather than do the cr1 visa, so I’m interested to know if his method is practical or possible

One more thing.  You cannot return to home country (married or not), then re-enter the US as a visitor (married or not) with the intent to stay and adjust status.

Edited April 25 by Crazy Cat

[Crazy Cat 41,651]

***Like topics merged***

[Hoggypi 1]

How risky would this be in terms of deportation or barred re-entry to the US? 
 

For context I’m currently in the US and on day 79 out of 90 days. My US citizen fiancé and I are considering getting married this weekend then applying to adjust my status but by the time our files reach their destination I worry that my 90 days will be up so I’d be overstaying…

 

any advice would be highly appreciated as we are both extremely stressed

[Boiler 45,362]

We have a whole forum dedicated to adjusting.

 

Once you file to adjust you are in a period of authorised stay. You certainly can get that in next week.

 

Overstays when adjusting through marriage to a USC are in any event forgiven.

[TBoneTX 45,071]

Thread is moved from the K-1 Case Progress subforum to the "AOS from WS&T Visas" main forum -- question involves that phase.