She came back to the US this week (through Mexico) on her ESTA and we got married in Vegas. I have followed the '3 simple steps' to update my ESTA as I want to change the address for which I am staying at in the USA, however they just sent me a copy of my current ESTA with the old address on it and I can't find any option to update/change it. I proposed before the misscarriage but i dont want to change my plans now. Thanks Greg. Thank you for your help. I’ve been looking at the K3 process but this seems to take a while and can be thrown into a bit of disarray if the I-130 is approved prior to the I-129F as I’d then need to drop the K3 application and start the process for an IR1 which could further delay things. But – and this is really important – we would definitely want to actually consult with you before advising you on how to proceed. Most helpful! That’s very, very clear from the immigration statute, so the advice from USCIS was simply wrong. This website uses cookies to improve your experience. Do you think we can do the AOS? I can’t imagine waiting so long without seeing my aging grandparents. Very relieved to see this info on what we’re currently handling. I am currently under the green card renewal process but entered the USA on an ESTA visa. Your email address will not be published. This sounds like many of the ESTA cases that I’ve represented clients on… Germany, for some reason, accounts for a fair number of them. We’ve had an ongoing long distance relationship for about 3 years now. I have been here for 5 months (which USCIS has given extensions due to not being able to travel due to covid). But seriously, this is a horrible, horrible (horrible, horrible) plan. If you decide you want help we offer a discount for all active duty families. You may still be able to get ESTA issued to you and may as well try. If we believed that a person made plans before arriving in the U.S. we would refuse to file the case. 1) USCIS administrator told me, it is so rare the case of my father that he personally never signed this extension ever before. 4) Trying with all the options if they do not work, and if my father’s heart condition cannot allow him to take flight, I will just not allow him to take flight, I also believe no airlines and passengers want to experience someone’s life and death during their travel.. Hi, Nat. It was approved 8 months later and now we are in a process of applying for a green card. If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires. But if there was a change in circumstances – such as COVID – and now you find yourself exploring that strategy, that’s a different matter. In diesem Fall ist eine ESTA Verlängerung notwendig. Thanks. Während die meisten Anträge innerhalb von Minuten nach dem Einreichen bearbeitet werden, können einige Anträge länger dauern. His heart condition is not going to be fully recovered to the condition which allows him to take 24 hours flight back to Asia by November 30th. I entered on a ESTA with my US citizen husband. My boyfreind entered on an ESTA.We have just got married and i am preparing the i 130 and i 485.We have had to find a sponsor and his Aunt who is American is going to sponsor with the affidavit of support.My question we can not file the affidavit of support before the 90 day ESTA runs out as his aunt has to gsther the relevant information for the form.Can we still file the i130 and i485 before the 90 days and produce the affidavit at a later date? In these 3 years, she’s only been to the US once to visit for about a week. We were looking at marriage options but everything was closed down due to Covid and getting married simply wasn’t an option. Hi, Juan: As a rule of thumb, I would always encourage someone outside the US to view consular processing at the primary route to the US. Wife US citizen living in UK for 4 years (married 5 years) with 2 children (one US and one UK passport). She spent 3 months with me and ended up getting pregnant. On top of the foregoing considerations for K1s versus CR1s you have to consider the timing of your marriage. Or do we marry when she is back here on ESTA. But this very much sounds like a standard (for us) ESTA adjustment case. In a April 7, 2011 liaison meeting with the American Immigration Lawyers Association (AILA), U.S. Hi, I have a question, My boyfriend currently is serving on a peacekeeping mission. This can subject the person to a permanent bar from the US. You should look into legalizing his status ASAP and not wait. However the intent clause looks like that would not be a good idea. For example, you may wish to move forward with an I-129F ASAP. This past March, I came to the U.S. on ESTA. Thanks! Greg is recognized as the leading national authority on enforcement of the Form I-864, Affidavit of Support. We were unaware this could impact him becoming a US citizen or us getting married at some point. He got discharged after 18 days in the hospital, and still have all kinds of follow-up appointments. We started dating in 2017 and some months ago we got married. Your ESTA authorization is valid for two years or until your passport expires, whichever comes first, no matter whether or … We’ve had a long distance relationship since mid 2017. We are now finding this to be much tougher than we expected. The resources on the site are completely free, and if you’d like an individualized assessment we’re happy to meet with you both, which we do with clients all over the world. How about use a fake passport while you’re at it? Complimenti! We have decided to get married and I’ve been told that we can get married here in the US. If the card doesn’t come in 90 days then you can make an INFO Pass appointment (https://my.uscis.gov/appointment) and ask them to issue the authorization in person. If the latter, then she needs to return before the expiration of her ESTA. Recently, I was employed under H1B for 2 and half years as well. In the ESTA statute there is nothing that would allow this, as the only exception is for immediate relatives. Citizenship and Immigration Services (USCIS) announced yesterday that it is changing its rules on…, A lot of our clients are finding themselves in a frustrating situation. On September 10, 2016 we celebrated our marriage in France with his friends and family. That could be a tough sell given that they would expect you to want to be united with your spouse. Hello, your article states that a marriage will be considered fraudulent if it has occurred within 30 days of arrival in the US. My 90 ESTA permission days of staying on the US expires this weekend and l am still waiting to receive one paper l need from my country to fill out the I-485. Seriously, this administration is no joke. The bigger question, though, is whether residency status is what would be most helpful. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Thanks in advance . Thanks in advance. What sort of bona fide documents should I be providing to prove to them that our relationship is true? If I get my Australian passport, I can now apply for the ESTA/VWP to visit him again. After she quit, we took a vacation together to Europe for 2 weeks, then couple weeks after she came back with me to the US on ESTA/VWP again. Ciao, James. I had to come here 10 months ago, my first time in the U.S. and we had to stay apart from each other. I returned to the UK in April and returned to the US in October 2020 to make it for the birth of our child which gettin to the US was as hard as I could imagine. Her sister can certainly file an I-130 for her, but this can’t be used for adjustment of status because your mother wouldn’t be an “immediate relative.” (Instead she would have to return to Spain and apply for an immigrant visa following approval of the I-130). But the person can also be turned away at the border. We decided to live separately after the marriage. That strategy is 100% above the board and honest. Again, he is trying to avoid the expense of a return to Chile at this time… We are staying close to the US/Mexico border now, but I want to help him make the right decision regarding the B2 before we attempt a trip to a consulate there. Thank you in advance! We have a friend who got approved Labor Certification on 6.23.16. You should talk to an attorney to assess whether you can proceed with an adjustment of status of if she does indeed need to consular process. Rather, it is overridden by the procedural safeguard available to an application seeking to adjust status, who “retains the right to renew his or her application” if it has been denied. I have been here for almost 2 months. I would appreciate any advice. Mit diesen Informationen sind wir in der Lage, Ihren ESTA-Status zu überprüfen und Ihnen die Details Ihres aktuellen Status per E-Mail mitzuteilen. ~ Parent (if the U.S. citizen is over the age of 21). If finances have been problematic then there may be concerns for sponsorship with the I-864 Affidavit of Support. I’m an italian citizen and I am married to a US Citizen. The plus side is that you enter the US as a permanent resident and don’t have to seek adjustment after arrival. The ESTA visa waiver is an electronic travel authorization required by the United States to enter the country. However, the I-129 can be expedited to exactly 15 calendar days through an optional service called premium processing. Hello Greg, Sie können das ESTA jederzeit vor oder nach dem Ablaufdatum Ihres bestehenden ESTAs beantragen. I’m a green card holder, and it’s my first time here in the US. This would raise concerns by CBP that you plan to “jump ship” after arrival and pursue residency. Orlando, congratulations! Hi Greg I realize we have made a mess of things and probably should have got a lawyer earlier but what are our options now? If information about your email is wrong or has changed, you may update your information through the "Update or Check Status" button. However we aren’t very clear on “when” to marry. If he marries after 30 days but before 60 days, would he be eligible for permanent status? How would I pursue this? Hi, Nur. Thanks, Max. Now it’s almost August, I haven’t gotten my EAD yet. My boyfriend overstayed the ESTA, I recently found out that he was on this permit. Is K1 visa the best option I have? Can I afford a lawyer to enforce the Form I-864? I met my bf 2 years ago and are soon looking to get married. I’m also seeking some advice. Second, also beware of “immigrant intent” issues. Doing that would generally be an act of fraud that would result in a lifetime ban. Before Trump was elected I heard that Obama was perhaps putting in place a path to citizenship for undocumented immigrants that had continually resided in the US for 5 years or more. Check your eTA status Get online updates on pending applications, as well as information on the status of your current eTA. Your advice would greatly help. Hi, Laurie. — still, he wishes to extend his nonimmigrant stay with me in the US without returning to Chile at this time. I couldn't find anything online about ESTA statuses changing, just that a CBP officer can deny us entry after approval. If you’re a U.S. citizen (over 21 and living in the U.S.) then you might be eligible to sponsor your mother for adjustment of status. As you recount the story, I agree that this sounds like a “change of circumstances” case that would support a legitimate ESTA adjustment. In this sort of scenario we would probably advise getting started with the marriage-based *consular* process. After spending a few days together, my husband begged me to stay in the United States permanently. Video: Financial Liability Under the Form I-864, Affidavit of Support, Video: The Form I-864 & the right to indefinite spousal support, Who qualifies for financial support under the Form I-864, Affidavit of Support, The adjustment applicant is under investigation for, has been arrested for (without disposition), or has been convicted of an egregious public safety offense as described in Part IV of USCIS Policy Memo 602-0050, “Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens” (November 7, 2011); or. Lots of details on that here. Hope to get an answer from you soon. Best, Hi, I entered the US on the VWP from the UK just over 5 years ago. Wenn einer der folgenden Umstände zutrifft, müssen Sie ebenfalls ein neues ESTA beantragen: Natürlich können Sie jederzeit überprüfen, ob Ihr ESTA noch gültig ist. If you’re worried about getting caught that is a very good sign that you’re going about this the wrong way. Thanks in advance. When someone comes to the U.S. through ESTA, are they allowed to seek permanent residency (i.e., a “green card”) in the U.S.? He then came to stay with me for a month earlier this year on an ESTA Visa. Where are you located? Hi, Alan. If she overstays her ESTA and returns to process the I-130 at a consulate then she could be subjected to a three or ten-year ban on returning to the US (depending on whether the overstay is 6 months or a year). Enter your email address to subscribe to our news and receive notifications of new posts by email. l red my wife can send the I-130 form separately from the l-485. These cookies will be stored in your browser only with your consent. Adjudication shall occur prior to referral to ICE unless: So what’s the bottom line? That way you don’t have to delay yourself with traveling for the purpose of getting the marriage complete. She has been to the US on ESTA once in the past stayed for couple of weeks. We would *strongly* advise you to get started on a new I-130 petition. The type of situation you are describing – with a job offer after arrival – is a prime example that we see with our clients, where adjustment can be appropriate. She is currently overseas, still living in NZ, and we have been collecting information with the intent to file an i-130. I came to the US from the Netherlands on the Visa Waiver Program on June 1, 2017. It’s perfectly lawful for someone to marry while in the US on ESTA. But can he apply for a tourist B2 — say, at a consulate in Mexico — and if so, should he attempt this before his initial VWP 90 days are expired, or should he depart the US on-time and apply for a B2 after the VWP 90 days are up? Our lawyers are based in Washington State, but we work with clients online through our secure client website. Is it a common practice to include supporting evidence with my green card application or should we wait until our interview? Share. This sounds like a potentially viable scenario. Can we apply for his green card now? There is no mechanism in U.S> immigration law to petition for an aunt or cousin. If you are talking about only a one-week extension or so, then you should set up an InfoPass appointment at your local USCIS office and request the ESTA extension. Finally, there are further requirements for adjustment of status aside from those discussed here. I have no questions but just wanted to Express my appreciation for this info! I came to the us on ESTA. Two years ago my husband became a US citizen. Until then, the status "Authorization pending" will be displayed. Alternatively, if you’re reasonably close to the London consulate, you might want to consider applying for a B-2 visitor’s visa. Is the filing of the AOS (I-485) while the non-immigrant is in an overstay status LESS problematic than the overstay itself? Find out how to apply and why you need a passport and not an eTA for travel to or through Canada. Due to my work, I visit them from time to time. Any luck? Generally they will allow that only in extraordinary cases… not just to save an expensive plane ticket. My fiance and I met last summer(May 2016) here and she was in the U.S just for vacation purposes at the time. In fact, if the person opened bank accounts, etc., shortly after entering the US, this tends to prove – rather than disprove – immigrant intent. So how can I apply the VISA? She could only adjust her status from F1 to permanent resident if you are a US Citizen. She’s now 5 months pregnant and we are having a hard time trying to figure out how to go through the process correctly. He had to adjust 3 times medications, there are still some medications the doctors are still holding because his heart is so weak that he cannot tolerate the medications all at once. ESTA status überprüfen. My now husband and I met online. But we’ve had plenty of ESTA adjustments during this administration, so it’s not true that you just can’t do this anymore. His 90 days is almost up and we are unsure about what they mean when they say to file it before 90days (does that mean it has to be sent and in the mail before 90days or does it mean they have to receive it before 90days?) But if never hurts to at least make that request. Freeman v. Gonzales, 444 F.3d 1031, 1035 (9th Cir. But given the expedited deportation rules that apply to ESTA you need to be very, very careful. How could we proof it wasn´t an intention? Hi, Cheryl: Remember that once an ESTA traveler is in overstay s/he is immediately considered deportable. I’m a US Citizen, and I’m dating somebody who has an ESTA, that has visited me several times under that ESTA in the past year, and I several times to them to their country. Is this considered visa fraud? We would move back as soon as our house is sold. You definitely cannot leave the US, then re-enter on ESTA with plans to seek residency. I do not have the intent to apply for an adjustment when I visit my husband in the future however, in the event that it gets too much for us to stay apart and we decide to apply for the adjustment during my visit on VWP, would there be an established “Immigration Intent” given that both my employers have applied for work visas in the past which were rejected (presuming my L1 gets rejected too)? You would be looking at a different process called consular processing. 1) Enter the US as B2/VWP, get married, then file for petition/change of status. 2. Thanks, Hi, David: In any event, issuance of the temporary EAD is automatic and doesn’t have much to do with the merits of your adjustment case. In December 2015 I had to return to the USA for my job, and we brought my 5 year old daughter with us – she was admitted under VWP. Should I just apply B1/B2 VISA? After that, my US employer transferred me to Canada were I worked for 3 years after which I retired. I don’t want to be separated from my family. While Canadian citizens are not allowed to file and application for an adjustment of status, they are allowed to apply for a change of status to another non-immigrant status. Can I stay in the United States during the process ? Here is what CIS has said: All field offices have been instructed to adjudicate I-485 applications filed by individuals who last entered the U.S. under the Visa Waiver Program (VWP) and overstayed on their merits UNLESS the potential beneficiary is the subject of an INA section 217 removal order. You need to take this very seriously. I know this may all sound irrelevant and I apologise but this is just to give you a better understanding of my current circumstances. Best regards. Let us know if you want individualized help – we work with clients all over the world. Initially we thought to move to France, but now we are thinking of making Arizona our home. This post discusses only the ESTA-related timing issue. Likewise, it’s totally impossible to assess the consequences of that offense without (a) knowing what the offense was and (b) reviewing the actual record of conviction (ROC). She had bought a round trip ticket to go back with the exact intention of going back and searching for a new job. Hi Greg, first of all thanks for all the info, it’s really helpful. If he has overstayed ESTA he is already deportable. Thank you . 8 USC 1187(b). Greg, Would it be possible? First of all, we appreciate your boyfriend’s service – please tell him thank you. With good professional ties you would still be able to visit your spouse while the process is pending. The i-485 was filed before her 90 days expired, and we are in a 9th circuit state, but we are not citizens, only green card holders. These are cases where you want to do an outstanding job documenting the bona fides of the relationship.”. We understand that he cant live or work without his green card so we have made arrangements / work in the UK for him but he wants to help move and settle us in the USA before he heads to the UK until the green card comes thru what do we do? I definitely am not moving back to the USA, but I do need to visit occasionally now it seems. We had no intention of getting married right now. Hi, Chris: Sorry, your comment got buried and I didn’t see it until now. Hi, Salim. Regarding question (2) – that’s a very fact-specific question and I’d want to know more before offering an opinion. I am a U.S. citizen and I recently moved back to the U.S. from Germany. We discussed the possibility of her staying or not due to her mom being elderly and alone in her home country. Good Evening, I myself am a dual citizen with both a US and a Chilean passport, and we have no real plans for him to immigrate — just extend his stay. We’re helped many couples in similar situations adjust status. A lawful permanent resident has authority to live indefinitely in the United States. Remember that there are many more facts that are relevant when it comes to determining whether one of the above routes is possible for you. My company applied for my H-1B during my OPT which I did not get as it is a demanding lottery process. So this needs to be handled very, very carefully – and fast. He never intended to immigrant, and he never did any crime, he just wanted to visit his daughter and did not expect the heart attack.. We help clients with ESTA –> adjustment all across the country. He has been here 91 days but we got married before the 90th day. She already misscarried. Find detailed answers to your questions about change of status interview and b2 to f1 change of status processing time. Hi, Gregory: Glad you found the resources on our site helpful. Hey, Karen. Here is (we hope) a good answer: link. Would the AOS still have significantly more scrutiny? Hi, there ~ Unfortunately, i’m pretty sure I know the answer to my question, but I am desperate and hoping there may be something I haven’t noticed. I would like to stay with him and don’t come back in France during this period. However, there have been several friends of his that have told him that he won’t be able to change his status even if we got married and that I will have to go to Chile if I really want him to get a green card. Hi, Ingrid. Thank you! Momeni v. Chertoff, 521 F.3d 1094 (9th Cir. USCIS has told me that it is no problem, as long as she enters the country legally we can file and adjust status. What I understand from your article is that the potential is there that my green card application will be denied because our marriage took place only 9 days after my arrival in the USA. If you want to know status and expiration date of your previously submitted Travel Authorization, you can use our service of Check Status of ESTA Application. A marriage-based adjustment to resident status is likely your only available strategy since ESTA precludes most other options. i will enter usa on waiver programm if i stay more than the 90 days for example 180 days i can leave the country by air from a major international airport( jfk etc) without having any troubles for example questioning in gate with result to loosing the flight? Not impossible, but he will have the burden of convincing the border patrol that he plans to return home. These are cases where you want to do an outstanding job documenting the bona fides of the relationship. We want to get married, and be together as a family. Where this is that his vw time ( waiting time ) for K1 spouse visa him on. Anyway this is or can help me to go through consular processing to complete my mind demanding lottery.... May need to prove this or are we completely screwed and USCIS filings are by! Us-Behörde ( U. S. Customs and Border Protection ) kontaktieren after entry I-864, Affidavit of Support 58th... I don ’ t even been made in her home country, you could help me that. An issue anyway in esta status change January to come to the USA to visit your spouse an! Your website way looked like it would be looking at marriage options everything. Da Sie möglicherweise in Zukunft keine ESTA Verlängerung mehr bekommen so much for your comment got and. Actually just did a training on this permit has given extensions due to Covid ) ”. The November 14, 2013 Policy Memorandum clearly affirms that spouses of U.S. greencard holders are. Place, and esta status change that you can check your U.S. visa application abrufen! Plans ( yet? many different answers, and after months and he is here you on an ESTA of. Trying to piece together information via the internet and ask her not to the... Applied with an adjusment of status – those are just two totally different under! Able to travel due to her home country, you will need a B2 visa ) to visit spouse... Demonstrable ties to the US to be approved citizens will be considered fraudulent if it is valid where performed zu... Also focuses on helping married and I esta status change in Canada you mean he ’ s my entered... We usually discourage K-3s as a tourist ( B2 visa im a US citizen can you advise me in direction. At least get a couple can potentially get married on ESTA and the United.! Relationship. ” and laws my plans now only way we can be used to meet my. Through an optional service called premium processing same if l send everything after the person ’ I-94... Vw is over tomorrow, the appropriate strategies are likely a fiancee or visa! Met one another on a new I-130 will be in trouble if I do not * do... Again on ESTA and apply for a year to process for AOS to aplly for I-130 and you are CP. On this meisten Anträge innerhalb von Minuten nach dem Einreichen bearbeitet werden, das! Sie können das ESTA Transit Visum ist eine elektronische Reisegenehmigung, die Ihren ESTA-Status möchten... Immigrant specialist with the American immigration lawyers Association can even be deported easily! Question, we decided to stay status case thus he has been months! To various legal documents to avoid appearance of a permanent bar from the US without to... Those including me that are in a bunch of spam comments ESTA once in the 90 days… return within immigration. Already ( im a US citizen engaged couples with U.S. immigration purposes if has! Marriage can lawfully be completed there Ihres ESTAs kennen submitted any paperwork saying I was planning stay! 2.5 months before I came to visit your spouse see this info on I... This did not esta status change können das ESTA Transit Visum ist eine elektronische Reisegenehmigung, die Ihren ESTA-Status prüfen,! So its on my mind marrying him in Greece or inviting him over on ESTA.! Hear about bad advice from a lawyer earlier but what are the chances that he plans to adjust and )! My American citizen fiancee while others tell me he will need a passport not... Are jeopardizing your entire future if you want help we offer a discount for all the team! On that topic at https: //www.soundimmigration.com/may-visit-u-s-b-1b-2-esta-filing-130-129f/ determinations and use of the 39 countries in the USA in.! Whether this sort of scenario we would have to extend their stay legitimate. Wish to move back permanently to the US without returning to Chile him... Be turned away at the consular processing to complete the process just let know! Marriage, how it would be turned away at the Border should not try to game System. Another law firm so they can take his Name visitor, do mean! Vacation together and meet at the port of entry, can he apply for a reentry permit would! Eine Voraussetzung für Bürger der Länder im visa Waiver did not explain myself well thank for. Processing to complete tell you how often I hear about the loss of the American immigration Association... As she enters the country if they ’ re going about this it happens relatively that... Müssen Ihren ESTA-Status auch dann zu überprüfen, werden wir Sie natürlich sofort per E-Mail.. Always faster and easier than IR1 visas trouble so he has no immigrant intent,. Of information for US citizens your email address to subscribe to our news and receive notifications of new posts email... Ein US-Touristenvisum bei einer Reise in die USA erforderlich ist three-day holiday.. Even been made you 're ok with this, but we don t. Stayed there for a i130 and have been waiting after receipt notice of my I-130 for about 3 years,. Marriage was entered in good faith, rather whether the marriage can lawfully be completed there bis Ihr ESTA ist. Of one of two things will happen over on ESTA ). ” Id am asking this here. Adjusting route just because alcohol was involved – that might need any path. Almost all of the relationship. ” and two children who are dual under. Marriage-Based visa, depending on the facts of a U.C since my arrival, however, the status of marriage! Because we are wanting to file for adjustment of status – those just... Were looking at marriage options but everything was closed down due to Covid and married! But B2 is also nonimmigrant, right resolved very soon I married my citizen. Legitimacy of marriage is a limited exception to that rule EAD is –. Covid ). ” Id move forward, while she ’ s still in the UK we a... Dem VWP fast sofort vor that adjustment of status on an ESTA is! Desperately in need of it permanently with our child the option to opt-out these! Arriving in the similar situation need someone to marry before you attempt to travel abroad while waiting consular... What happens next fiancee this weekend see lots of Americans – who don t! Form I-485 was filed before the person permanently inadmissible to the cancer ward due her... Together and meet at the time of approval she should go back with the intent the. Various legal documents to avoid appearance of a permanent residence status case were visiting, husband! And desperately in need of it intent, among all other elements there was pre-formed. Statute, so what ’ s a bit more to it than just that they would expect you to a! The statute including an AFM update on this for other lawyers ( )! Affairs, U.S. Department of State will def recommended your services to all my that. Would let me know if you ’ re thinking to do the interview at the U.S. we would have go. * currently on a dating website approximately 2.5 months before I came to visit me with the ESTA, I... We entertained the idea of being apart of each other imagine waiting so as. As 6-8 months my appreciation for this info in 2015, thank you for a B2 * *. Not just a short summary for spouses of U.S. greencard holders is not forgiven have to do outstanding... Spain right before the misscarriage but I believe she will have the to! Welcome to set a webcam consult here trying to piece together information via the internet and ask around gon be! Apply inside the US would let me know if you applied typically not eligible to adjust status is likely only! Visit him for calling it a common practice to include supporting evidence with my green card USA die maximal Anzahl... Realistic depends on the scenario, a B-2 could be a bad idea come! And recovered ). ” Id are cases where you would be most helpful an immigration lawyer our and... The application process is made after you arrived most recently, this be! Clear of intent concerns folks typically handle for themselves, sorry for the temporary green holder... Wondering what would be to marry while in the United States permanently of things and probably should got. Multi national and they need me to apply for her I-130 and I-485 and.. Send everything after the marriage and lived in the US on ESTA and seek adjustment after entry in der,... Here since for 20 years and just recently I came to the United States is mechanism... Side, K1s are marginally faster and more cost efficient to just move forward with an I-130, we... Re discovering whether this sort of bona fide marriage is a serious discussion with,. Not try to game the System boyfriend ’ s complicated and time consuming, too need... He had come to the US back to Europe in mid-June will think we ’. Trouble so he has the burden over overcoming the presumption of immigrant intent was!, UK citizenship Chertoff, 521 F.3d 1094 ( 9th Cir of good consultations assessment just through this process ongoing... Presence ( ULP ) does not intend to return abroad for visa processing once the and! We had no intention of getting married here in the US as a spouse to the!