Adjustement of Status on Waiver Visa

[ynusual_9 1]

Hello everyone. I'm from Spain and I came to the US during summer to visit my girlfiend with my ETSA/Waiver Program visa.

 

We met in Spain and we've dating for 1 year while I was studying for to try to pass a exam to be a PE Teacher in Spain and she was under a student visa. After finishing her studies, she decided to come back to US, especially because I was very focus on the exam and we can barely see each other.

 

Unfortunately, only 40 spots were available for my teaching position and I finished the process the 41st.... so I didn't pass. I decided to take a break after that stressfull and disappointing year and come back in October to Spain with her and try the exam again, so I came to the States to visit her country and family and recharge my battery during August and September. But these last two months have been the happiest of my life and I proposed to her, and the truth is, we don't want to be separated again.

 

My question is we can get married and adjust my status before the 90 days filling the I130 and I485. Some friends of her said to wait to the 91st, but I'd be ilegal with my Waiver Program. We planned to get married on October 16th (67 day) and then fill every form.

 

I was trying to read a lot of opinions, videos, forums, etc... But I couldn't find a clear answer.

 

Thank you so much!

[OldUser 6,583]

You don't have to wait until the end of your allowed time on ESTA to get married. In fact, that would be a red flag. E.g. marrying when out of status.

 

Marry and enjoy life.

Just make sure you have a solid plan before your time on ESTA runs out. Either you have to adjust status or go throuh consular processing.

 

If you pick adjustment, you should consider costs. It's much more expensive. Also consider you won't be able to travel outside of the US and work anywhere between 3 and 18 months.

 

So if you cannot afford the staggering fees or your wife cannot cover both of you financially for prolonged time, then consular processing may be a good solution.

Edited October 9 by OldUser

[powerpuff 6,667]

Is she a US citizen? 

[ynusual_9 1]

9 minutes ago, OldUser said:

You don't have to wait until the end of your allowed time on ESTA to get married. In fact, that would be a red flag. E.g. marrying when out of status.

 

Marry and enjoy life.

Just make sure you have a solid plan before your time on ESTA runs out. Either you have to adjust status or go throuh consular processing.

 

If you pick adjustment, you should consider costs. It's much more expensive. Also consider you won't be able to travel outside of the US and work anywhere between 3 and 18 months.

 

So if you cannot afford the staggering fees or your wife cannot cover both of you financially for prolonged time, then consular processing may be a good solution.

Yes, she can cover us. I mean, it's not the ideal situation and I can feel bad sometimes but it's worth it.

4 minutes ago, powerpuff said:

Is she a US citizen? 

Yes

[powerpuff 6,667]

Then file away

[OldUser 6,583]

7 minutes ago, powerpuff said:

Then file away

Agreed, marry and file away.

Cannot file before marriage occurs.

 

[ynusual_9 1]

OMG,  this has been a real headache past few days. Thanks for the info, I really aprecciate. I'm sure another headache will start with the AOS.

 

Thanks, Víctor

[KMG 124]

1 hour ago, ynusual_9 said:

Hello everyone. I'm from Spain and I came to the US during summer to visit my girlfiend with my ETSA/Waiver Program visa.

 

We met in Spain and we've dating for 1 year while I was studying for to try to pass a exam to be a PE Teacher in Spain and she was under a student visa. After finishing her studies, she decided to come back to US, especially because I was very focus on the exam and we can barely see each other.

 

Unfortunately, only 40 spots were available for my teaching position and I finished the process the 41st.... so I didn't pass. I decided to take a break after that stressfull and disappointing year and come back in October to Spain with her and try the exam again, so I came to the States to visit her country and family and recharge my battery during August and September. But these last two months have been the happiest of my life and I proposed to her, and the truth is, we don't want to be separated again.

 

My question is we can get married and adjust my status before the 90 days filling the I130 and I485. Some friends of her said to wait to the 91st, but I'd be ilegal with my Waiver Program. We planned to get married on October 16th (67 day) and then fill every form.

 

I was trying to read a lot of opinions, videos, forums, etc... But I couldn't find a clear answer.

 

Thank you so much!

I would say go for it.  One thing you can do while waiting for AOS and EAD is to research you state's requirements for teaching. Start preparing for those requirements. Begin requesting your transcripts from Spain, etc. Teachers are very needed in the States right now, and you should have not problem finding a PE teaching job there.

[ynusual_9 1]

23 minutes ago, KMG said:

I would say go for it.  One thing you can do while waiting for AOS and EAD is to research you state's requirements for teaching. Start preparing for those requirements. Begin requesting your transcripts from Spain, etc. Teachers are very needed in the States right now, and you should have not problem finding a PE teaching job there.

Absolutely I'm gonna do that. She told me the same about teachers

[ynusual_9 1]

Also, I was reading about evidences, some people use rents, bank accounts, car... I don't have anything of that because this was not planned. Should we changed the names and present it? I think it's not my case.

[OldUser 6,583]

3 minutes ago, ynusual_9 said:

Also, I was reading about evidences, some people use rents, bank accounts, car... I don't have anything of that because this was not planned. Should we changed the names and present it? I think it's not my case.

Develop evidence as your married life goes on.

 

Open joint checking account for bills / rent / recurring expenses. Open joint savings accounts to save towards common goals, be it vacation, house downpayment or emergency fund. A lot of these accounts are online accounts with no fees whatsoever.

 

Take photos with family and friends.

Get a library card, it's free.

Let her create Amazon Prime household, Netflix family plan, additional card for Costco membership etc.

 

See if she can add you to her health insurance plan, designate you as beneficiary on bank accounts, 401k plan etc, emergency contact at work etc.

 

There's many things you can do.

 

It will be vefy useful for I-751 too

 

 

[Crazy Cat 41,769]

12 hours ago, ynusual_9 said:

I'm sure another headache will start with the AOS.

Be aware that you cannot work or leave the US for 3-6 months. 

[Pinkrlion 2,715]

Immigration fraud. It is funny how some people ESTA are told it is OK to come on and get married and stay and file your paperwork, while others with a tourist visa are told it is immigration fraud to come get married and purposely overstay as that was always your intent. 

[Crazy Cat 41,769]

9 minutes ago, Pinkrlion said:

Immigration fraud. It is funny how some people ESTA are told it is OK to come on and get married and stay and file your paperwork, while others with a tourist visa are told it is immigration fraud to come get married and purposely overstay as that was always your intent. 

Nothing I see in the OP indicates this is fraud.  

[OldUser 6,583]

8 hours ago, Pinkrlion said:

Immigration fraud. It is funny how some people ESTA are told it is OK to come on and get married and stay and file your paperwork, while others with a tourist visa are told it is immigration fraud to come get married and purposely overstay as that was always your intent. 

If OP was talking about coming to adjust or just came last week I would have suspected fraud. This is not the case. My answer would be same for visa and ESTA.