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

[Crazy Cat 41,845]

15 minutes ago, Hoggypi said:

I also need to get an updated Australian passport and drivers licence before we file for AOS?

That is not required or needed before filing for adjustment.  You can use your new legal name on the AOS paperwork.  Your marriage certificate is a valid, legal name change source document.

 

***Mod hat on**

I removed your new topic question which asked this question.  That way, you can keep all your related questions and answers here under this thread****

Edited April 30 by Crazy Cat

[Crazy Cat 41,845]

10 minutes ago, Hoggypi said:

I also wonder, on all immigration forms should I use my new surname? 

Yes, if you want to use that as your legal name.  Expedited filing of a proper I-485 should be a top priority at this point.  

[Hoggypi 1]

2 minutes ago, Crazy Cat said:

That is not required or needed before filing for adjustment.  You can use your new legal name on the AOS paperwork.  Your marriage certificate is a valid, legal name change source document.

I see, thank you very much. 
I apologise for so many questions, I have one more..I read this online “ Form I-485 is the official application for an adjustment of status. You can only file it if you have a visa number available to you. You can check the U.S. Department of State's visa bulletin for more information about visa availability.”

So I wonder, should we wait for the marriage certificate to arrive then submit that along with the I-130 so I can get a visa number then submit the I-485? 

[Hoggypi 1]

2 minutes ago, Crazy Cat said:

Yes, if you want to use that as your legal name.  Expedited filing of a proper I-485 should be a top priority at this point.  

The marriage certificate will take two weeks to arrive though which makes me nervous since I’ll be overstaying by then 

[Crazy Cat 41,845]

5 minutes ago, Hoggypi said:

I see, thank you very much. 
I apologise for so many questions, I have one more..I read this online “ Form I-485 is the official application for an adjustment of status. You can only file it if you have a visa number available to you. You can check the U.S. Department of State's visa bulletin for more information about visa availability.”

So I wonder, should we wait for the marriage certificate to arrive then submit that along with the I-130 so I can get a visa number then submit the I-485? 

Visa numbers are always immediately available for immediate relatives of US citizens, so your "priority date" is current.  Spouses are immediate relatives. 

Edited April 30 by Crazy Cat

[Crazy Cat 41,845]

7 minutes ago, Hoggypi said:

So I wonder, should we wait for the marriage certificate to arrive then submit that along with the I-130 so I can get a visa number then submit the I-485? 

Yes.  The marriage is the basis for the I-130.  It cannot be approved without the marriage certificate.  You need to read the step-by-step here:

 

 

 

Edited April 30 by Crazy Cat

[SalishSea 17,828]

6 minutes ago, Hoggypi said:

The marriage certificate will take two weeks to arrive though which makes me nervous since I’ll be overstaying by then 

At this point, you have no choice but to wait for it.

[Crazy Cat 41,845]

9 minutes ago, Hoggypi said:

I apologise for so many questions,

Nothing wrong in asking questions.  It's much better to ask than to risk a delay or denial. 

[Hoggypi 1]

24 minutes ago, Crazy Cat said:

That is not required or needed before filing for adjustment.  You can use your new legal name on the AOS paperwork.  Your marriage certificate is a valid, legal name change source document.

 

***Mod hat on**

I removed your new topic question which asked this question.  That way, you can keep all your related questions and answers here under this thread****

 

7 minutes ago, Crazy Cat said:

Nothing wrong in asking questions.  It's much better to ask than to risk a delay or denial. 

I appreciate everyone’s help very much 

 

[Hoggypi 1]

6 hours ago, Crazy Cat said:

Nothing wrong in asking questions.  It's much better to ask than to risk a delay or denial. 

I wonder, when I eventually go for my visa interview would I need to bring an original copy of my birth certificate? It’s currently in Australia. Or would a copy be okay? And could I just check, when we compile the AOS package must this include photocopies of documents like marriage certificate and birth certificate? Because I was reading online that these should only be submitted online and not sent through the post 

“Unless specifically directed to do so by the National Visa Center (NVC) please do not mail any documents to NVC. If you do, you will delay the processing of your case and risk losing any documents you send.”

 

[powerpuff 6,697]

17 minutes ago, Hoggypi said:

I wonder, when I eventually go for my visa interview would I need to bring an original copy of my birth certificate? It’s currently in Australia. Or would a copy be okay? And could I just check, when we compile the AOS package must this include photocopies of documents like marriage certificate and birth certificate? Because I was reading online that these should only be submitted online and not sent through the post 

“Unless specifically directed to do so by the National Visa Center (NVC) please do not mail any documents to NVC. If you do, you will delay the processing of your case and risk losing any documents you send.”

 

Yes, you will need an original BC for the interview.

 

Yes, you must include photocopies of the originals like BC and MC.

 

The part you quoted is NVC - national visa center which is completely different from USCIS

[Crazy Cat 41,845]

7 hours ago, Hoggypi said:

“Unless specifically directed to do so by the National Visa Center (NVC) please do not mail any documents to NVC. If you do, you will delay the processing of your case and risk losing any documents you send.”

National Visa Center is not involved in an Adjustment of Status case.  You will not be receiving a visa.

[Hoggypi 1]

On 4/30/2024 at 9:00 PM, powerpuff said:

Yes, you will need an original BC for the interview.

 

Yes, you must include photocopies of the originals like BC and MC.

 

The part you quoted is NVC - national visa center which is completely different from USCIS

Thank you

I’m still learning and reading everything I can and came across this (I attached a photo). I am confused, does it mean if I file the I-485 after my 90 day ESTA expires then I’ll be denied since I’m in unlawful status? I can’t really do anything for about two weeks while I wait for my marriage certificate to come through and by then I’ll be over my 90 days.
 

Or does it mean I should file both the I-130 and I-485 concurrently? But if I do that then I’m unsure how I’ll get a visa number to put on my I-485 (since I am pretty sure I receive a visa number after filing the I-130)?

Edited May 3 by Hoggypi

[Boiler 45,486]

First question has been answered.

 

You file them together.

 

Have you considered using a Lawyer?

[Hoggypi 1]

23 minutes ago, Boiler said:

First question has been answered.

 

You file them together.

 

Have you considered using a Lawyer?

I was advised earlier though to file the I-130 first so I can get a visa number then the I-485 after 

 

We will definitely get a lawyer, I am aware of how little I know about the process and we want to make sure we’re doing everything right