Can my UK girlfriend and I get married and file for an AOS while she's in the US on an ESTA? We don't want to risk her getting banned or anything along those lines. So would it be safer to just to go ahead with the IR-1 process?

[RedUKFriend 1]

We're in the US together right now and we hadn't planned on getting married during her visit here, but after some research we're finding that may be the best option. We want to live and work together but she would either need to file an AOS while she's currently here, or we go through the much lengthier IR-1 process and begin it when she returns. I've heard that filing the AOS during her stay before 90 days of being in the US can be dangerous but I'm not sure what the dangers are or if it is something we'd really be in jeopardy of if we hired a lawyer and never intended to get married until she was here. 

 

We want to navigate this in the safest way possible. Our top priorities in order are

1) Not get her banned from the US.

2) Have her be able to work with me and live with me in the US.

3) Minimize her time spent abroad.

 

 

So we're looking at our options and trying to move forward. Any suggestions or advice would be very helpful!

 

[OldUser 7,528]

7 minutes ago, RedUKFriend said:

or we go through the much lengthier IR-1 process and begin it when she returns.

She's not eligible for IR-1 if you're married less than 2 years. She can go CR-1 route. AOS can take longer than CR-1 in theory. We don't know how changes in administration and hiring freeze for federal employees will affect AOS timelines. So keep this in mind.

 

 

[OldUser 7,528]

10 minutes ago, RedUKFriend said:

 I've heard that filing the AOS during her stay before 90 days of being in the US can be dangerous but I'm not sure what the dangers are or if it is something we'd really be in jeopardy of if we hired a lawyer and never intended to get married until she was here. 

 

When did she enter? Remember, with USCIS the proof of burden is on you. It's not like USCIS will be proving she had immigrant intent, it will be her proving she didn't have immigrant intent. Anybody entering, quickly marrying and filing for AOS is under suspicion for circumventing proper immigration process.

[OldUser 7,528]

13 minutes ago, RedUKFriend said:

 

2) Have her be able to work with me and live with me in the US.

 

With AOS you can guarantee living together, but not working. EAD can take a year easily, especially in the new reality. 

Edited January 22 by OldUser

[yuna628 9,712]

10 minutes ago, RedUKFriend said:

We're in the US together right now and we hadn't planned on getting married during her visit here, but after some research we're finding that may be the best option. We want to live and work together but she would either need to file an AOS while she's currently here, or we go through the much lengthier IR-1 process and begin it when she returns. I've heard that filing the AOS during her stay before 90 days of being in the US can be dangerous but I'm not sure what the dangers are or if it is something we'd really be in jeopardy of if we hired a lawyer and never intended to get married until she was here. 

 

We want to navigate this in the safest way possible. Our top priorities in order are

1) Not get her banned from the US.

2) Have her be able to work with me and live with me in the US.

3) Minimize her time spent abroad.

 

 

So we're looking at our options and trying to move forward. Any suggestions or advice would be very helpful!

 

 

I think the question is really what is the biggest priority for you two? 

If it is working as soon as possible, then it would seem that, though lengthy, a CR1 is going to be the best option, especially if she's there now and you can marry and then she can return home. Of course some don't like the idea of being married and then being apart again for some time. Over the next four years we will be entering a period of some uncertainty when it comes to immigration policies.

 

Me and my husband went the K1 way, and the times are long now. Looking back, though we had significant savings, it was still not enough for the length of time it took. The adjustment process (even with an EAD) was even longer and it will be worse now, and employers weren't interested unless they saw a green card anyway. The process worked for us, but I wouldn't recommend it to others these days unless very specific situations.

 

These days it makes sense to go with a CR1.

[appleblossom 3,130]

@RedUKFriend, what evidence would she have to prove she didn’t intend to stay when she entered? Home (that is empty and hasn’t been sublet), job to return to, etc? Think about what you could show to prove she really was just visiting if it gets dicey. 

 

And from a practical point of view, is she happy to potentially be stuck for quite a long time before she’d get her EAD & Advance Parole? A lot of people (myself included) would hate that, I’d go stir crazy and much rather wait it out in a country where I could drive/work/travel, even if it meant being apart for longer. 

[Boiler 46,107]

Her non immigrant intent was determined at the PoE

[RedUKFriend 1]

7 minutes ago, Boiler said:

Her non immigrant intent was determined at the PoE

They don't check again when filing for an AOS?

[Boiler 46,107]

Just now, RedUKFriend said:

They don't check again when filing for an AOS?

No you are now dealing with USCIS

[RedUKFriend 1]

1 hour ago, appleblossom said:

@RedUKFriend, what evidence would she have to prove she didn’t intend to stay when she entered? Home (that is empty and hasn’t been sublet), job to return to, etc? Think about what you could show to prove she really was just visiting if it gets dicey. 

 

And from a practical point of view, is she happy to potentially be stuck for quite a long time before she’d get her EAD & Advance Parole? A lot of people (myself included) would hate that, I’d go stir crazy and much rather wait it out in a country where I could drive/work/travel, even if it meant being apart for longer. 

Messages, a job, family, return flight. Quite a bit of evidence to be honest. And if we have complete freedom in providing which evidence then we'll be able to produce a lot. The EAD is something to consider though and her and I would have to discuss.

[Boiler 46,107]

1 minute ago, RedUKFriend said:

Messages, a job, family, return flight. Quite a bit of evidence to be honest. And if we have complete freedom in providing which evidence then we'll be able to produce a lot. The EAD is something to consider though and her and I would have to discuss.

Not asked for and only complicates issues

[appleblossom 3,130]

10 minutes ago, RedUKFriend said:

Messages, a job, family, return flight. Quite a bit of evidence to be honest. And if we have complete freedom in providing which evidence then we'll be able to produce a lot. The EAD is something to consider though and her and I would have to discuss.

 

You don’t need to provide evidence at all unless asked for it, just keep hold of it ready to go if needed. Family obviously isn’t proof of her intending to return, as she is leaving them to move to the US anyway, return flight can be cancelled or amended so that’s not helpful either. Job may be helpful as long as she can’t work remotely, and can show evidence of giving her employer notice if she decides to stay in the US. What about her property in the UK? If you can show that she owns/rents a house that is now sitting empty. 

Edited January 22 by appleblossom

[Boiler 46,107]

You do not need to provide evidence at all

[RedUKFriend 1]

1 hour ago, Boiler said:

You do not need to provide evidence at all

I thought they wanted to make sure that you are a real relationship? Like a bonafide marriage. 

[SalishSea 18,137]

5 hours ago, RedUKFriend said:

Messages, a job, family, return flight. Quite a bit of evidence to be honest. And if we have complete freedom in providing which evidence then we'll be able to produce a lot. The EAD is something to consider though and her and I would have to discuss.

Also she should keep in mind that it can take months and months to get a travel document, so if she needs to leave in an emergency, she would have to abandon the adjustment process.

3 hours ago, RedUKFriend said:

I thought they wanted to make sure that you are a real relationship? Like a bonafide marriage. 

Yes, absolutely you must have evidence of this.