Mixing
I got engaged while on an ESTA visa [closed]
Alright, in the event of me and my boyfriend (he is a US citizen) getting married before the 90 days from my ESTA visa expiring, and if we apply for a change of status, can I stay in the us while the paperwork is being analysed? Or am I required to leave? If so, is there another visa i could get temporarily?
We got engaged during my visit, and the goal is to stay together but it came as a surprise and after two years of visits and long distance (he lived in Sweden, me in Portugal) we're honestly tired of being apart for long periods of time and ready to settle down.
visas usa europe portugal
edited Jan 10 at 14:18
DJClayworth
33.9k785123
asked Jan 10 at 11:32
AliceAlice
262
closed as off-topic by Giorgio, phoog, Jim MacKenzie, Michael Hampton, Henning Makholm Jan 10 at 20:31
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions about immigration or moving for extended periods of time (studies or employment, among others) are off-topic. Our sister site, Expatriates Stack Exchange might be a better place to ask. See also the meta post Is it OK to ask questions about immigration?." – Giorgio, phoog, Jim MacKenzie, Michael Hampton, Henning Makholm
If this question can be reworded to fit the rules in the help center, please edit the question.
|
show 7 more comments
Alright, in the event of me and my boyfriend (he is a US citizen) getting married before the 90 days from my ESTA visa expiring, and if we apply for a change of status, can I stay in the us while the paperwork is being analysed? Or am I required to leave? If so, is there another visa i could get temporarily?
We got engaged during my visit, and the goal is to stay together but it came as a surprise and after two years of visits and long distance (he lived in Sweden, me in Portugal) we're honestly tired of being apart for long periods of time and ready to settle down.
visas usa europe portugal
edited Jan 10 at 14:18
DJClayworth
33.9k785123
asked Jan 10 at 11:32
AliceAlice
262
closed as off-topic by Giorgio, phoog, Jim MacKenzie, Michael Hampton, Henning Makholm Jan 10 at 20:31
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions about immigration or moving for extended periods of time (studies or employment, among others) are off-topic. Our sister site, Expatriates Stack Exchange might be a better place to ask. See also the meta post Is it OK to ask questions about immigration?." – Giorgio, phoog, Jim MacKenzie, Michael Hampton, Henning Makholm
If this question can be reworded to fit the rules in the help center, please edit the question.
1
I think you can stay, but you will probably get a proper answer shortly.
– Tomas By
Jan 10 at 11:39
2
Congratulations :) for marriage and new life
– Dhaval Solanki
Jan 10 at 12:06
4
@jwenting municipal workers are administrative extremely unlikely to know anything about immigration law. But this is definitely a question for Expatriates.
– phoog
Jan 10 at 13:36
1
You can adjust your status, but there is some kind of 30-60-90 day rule where you have to overcome the presumption that you knew about this before entering the US, essentially. I don't know much about US immigration law and cannot provide a good answer. I'm sure someone else will elaborate on this soon. Congratulations!
– la femme cosmique
Jan 10 at 13:37
2
@lafemmecosmique the ever-knowledgeable user102008 recently pointed out to me that that rule is a Department of State rule related to the issue of visas so unless there's a similar rule at DHS that may not be a problem. But having evidence that it truly was a surprise probably will be necessary.
– phoog
Jan 10 at 14:28
|
show 7 more comments
Alright, in the event of me and my boyfriend (he is a US citizen) getting married before the 90 days from my ESTA visa expiring, and if we apply for a change of status, can I stay in the us while the paperwork is being analysed? Or am I required to leave? If so, is there another visa i could get temporarily?
We got engaged during my visit, and the goal is to stay together but it came as a surprise and after two years of visits and long distance (he lived in Sweden, me in Portugal) we're honestly tired of being apart for long periods of time and ready to settle down.
visas usa europe portugal
edited Jan 10 at 14:18
DJClayworth
33.9k785123
asked Jan 10 at 11:32
AliceAlice
262
Alright, in the event of me and my boyfriend (he is a US citizen) getting married before the 90 days from my ESTA visa expiring, and if we apply for a change of status, can I stay in the us while the paperwork is being analysed? Or am I required to leave? If so, is there another visa i could get temporarily?
We got engaged during my visit, and the goal is to stay together but it came as a surprise and after two years of visits and long distance (he lived in Sweden, me in Portugal) we're honestly tired of being apart for long periods of time and ready to settle down.
visas usa europe portugal
visas usa europe portugal
edited Jan 10 at 14:18
DJClayworth
33.9k785123
asked Jan 10 at 11:32
AliceAlice
262
edited Jan 10 at 14:18
DJClayworth
33.9k785123
asked Jan 10 at 11:32
AliceAlice
262
edited Jan 10 at 14:18
DJClayworth
33.9k785123
edited Jan 10 at 14:18
DJClayworth
33.9k785123
edited Jan 10 at 14:18
DJClayworth
33.9k785123
33.9k785123
asked Jan 10 at 11:32
AliceAlice
262
asked Jan 10 at 11:32
AliceAlice
262
asked Jan 10 at 11:32
AliceAlice
262
262
closed as off-topic by Giorgio, phoog, Jim MacKenzie, Michael Hampton, Henning Makholm Jan 10 at 20:31
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions about immigration or moving for extended periods of time (studies or employment, among others) are off-topic. Our sister site, Expatriates Stack Exchange might be a better place to ask. See also the meta post Is it OK to ask questions about immigration?." – Giorgio, phoog, Jim MacKenzie, Michael Hampton, Henning Makholm
If this question can be reworded to fit the rules in the help center, please edit the question.
closed as off-topic by Giorgio, phoog, Jim MacKenzie, Michael Hampton, Henning Makholm Jan 10 at 20:31
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions about immigration or moving for extended periods of time (studies or employment, among others) are off-topic. Our sister site, Expatriates Stack Exchange might be a better place to ask. See also the meta post Is it OK to ask questions about immigration?." – Giorgio, phoog, Jim MacKenzie, Michael Hampton, Henning Makholm
If this question can be reworded to fit the rules in the help center, please edit the question.
1
I think you can stay, but you will probably get a proper answer shortly.
– Tomas By
Jan 10 at 11:39
2
Congratulations :) for marriage and new life
– Dhaval Solanki
Jan 10 at 12:06
4
@jwenting municipal workers are administrative extremely unlikely to know anything about immigration law. But this is definitely a question for Expatriates.
– phoog
Jan 10 at 13:36
1
You can adjust your status, but there is some kind of 30-60-90 day rule where you have to overcome the presumption that you knew about this before entering the US, essentially. I don't know much about US immigration law and cannot provide a good answer. I'm sure someone else will elaborate on this soon. Congratulations!
– la femme cosmique
Jan 10 at 13:37
2
@lafemmecosmique the ever-knowledgeable user102008 recently pointed out to me that that rule is a Department of State rule related to the issue of visas so unless there's a similar rule at DHS that may not be a problem. But having evidence that it truly was a surprise probably will be necessary.
– phoog
Jan 10 at 14:28
|
show 7 more comments
1
I think you can stay, but you will probably get a proper answer shortly.
– Tomas By
Jan 10 at 11:39
2
Congratulations :) for marriage and new life
– Dhaval Solanki
Jan 10 at 12:06
4
@jwenting municipal workers are administrative extremely unlikely to know anything about immigration law. But this is definitely a question for Expatriates.
– phoog
Jan 10 at 13:36
1
You can adjust your status, but there is some kind of 30-60-90 day rule where you have to overcome the presumption that you knew about this before entering the US, essentially. I don't know much about US immigration law and cannot provide a good answer. I'm sure someone else will elaborate on this soon. Congratulations!
– la femme cosmique
Jan 10 at 13:37
2
@lafemmecosmique the ever-knowledgeable user102008 recently pointed out to me that that rule is a Department of State rule related to the issue of visas so unless there's a similar rule at DHS that may not be a problem. But having evidence that it truly was a surprise probably will be necessary.
– phoog
Jan 10 at 14:28
1
1
I think you can stay, but you will probably get a proper answer shortly.
– Tomas By
Jan 10 at 11:39
I think you can stay, but you will probably get a proper answer shortly.
– Tomas By
Jan 10 at 11:39
2
2
Congratulations :) for marriage and new life
– Dhaval Solanki
Jan 10 at 12:06
Congratulations :) for marriage and new life
– Dhaval Solanki
Jan 10 at 12:06
4
4
@jwenting municipal workers are administrative extremely unlikely to know anything about immigration law. But this is definitely a question for Expatriates.
– phoog
Jan 10 at 13:36
@jwenting municipal workers are administrative extremely unlikely to know anything about immigration law. But this is definitely a question for Expatriates.
– phoog
Jan 10 at 13:36
1
1
You can adjust your status, but there is some kind of 30-60-90 day rule where you have to overcome the presumption that you knew about this before entering the US, essentially. I don't know much about US immigration law and cannot provide a good answer. I'm sure someone else will elaborate on this soon. Congratulations!
– la femme cosmique
Jan 10 at 13:37
You can adjust your status, but there is some kind of 30-60-90 day rule where you have to overcome the presumption that you knew about this before entering the US, essentially. I don't know much about US immigration law and cannot provide a good answer. I'm sure someone else will elaborate on this soon. Congratulations!
– la femme cosmique
Jan 10 at 13:37
2
2
@lafemmecosmique the ever-knowledgeable user102008 recently pointed out to me that that rule is a Department of State rule related to the issue of visas so unless there's a similar rule at DHS that may not be a problem. But having evidence that it truly was a surprise probably will be necessary.
– phoog
Jan 10 at 14:28
@lafemmecosmique the ever-knowledgeable user102008 recently pointed out to me that that rule is a Department of State rule related to the issue of visas so unless there's a similar rule at DHS that may not be a problem. But having evidence that it truly was a surprise probably will be necessary.
– phoog
Jan 10 at 14:28
|
show 7 more comments
2 Answers
2
active
oldest
votes
Knowing someone who did exactly this in the US very recently, I can say that it is possible to change your status once you are married without having to leave. However the law around it is not clear or simple and you should absolutely definitely talk to an immigration lawyer before attempting this. It's very easy to do something, or fail to do something, that would mean you didn't qualify and were overstaying your VWP limits, causing you lots of problems in the future.
My understanding is that you not only need to be married, but also to have filed the paperwork for the status change, before your VWP period expires. But your lawyer will know, so listen to them not me.
Do not ask a city hall official. There is no reason why they would know immigration law.
answered Jan 10 at 14:20
DJClayworthDJClayworth
33.9k785123
3
Immediate relatives can apply to adjust status even if they are out of status, but it is certainly better to apply before the 90 days expire rather than after, in case something goes wrong.
– phoog
Jan 10 at 14:30
add a comment |
After the marriage, you would be in the Immediate Relative category (spouse, parent, or unmarried under-21 child of a US citizen). Immediate Relatives are eligible for Adjustment of Status in the US even if they entered on the Visa Waiver Program (whereas other categories cannot do AOS from VWP). So yes, you can stay and apply for Adjustment of Status. If you do Adjustment of Status, you cannot leave the US until you get your green card or an Advance Parole, or you will automatically abandon your AOS. The only issue with AOS from VWP is that people who entered on VWP waived any right to a hearing before being deported (except when claiming asylum), so in the unlikely case where the AOS is denied in error, you don't get to challenge the denial in removal proceedings.
answered Jan 10 at 19:58
user102008user102008
11.1k12251
If the AOS were denied, then, would there be any remedy available?
– phoog
Jan 10 at 21:20
add a comment |
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
Knowing someone who did exactly this in the US very recently, I can say that it is possible to change your status once you are married without having to leave. However the law around it is not clear or simple and you should absolutely definitely talk to an immigration lawyer before attempting this. It's very easy to do something, or fail to do something, that would mean you didn't qualify and were overstaying your VWP limits, causing you lots of problems in the future.
My understanding is that you not only need to be married, but also to have filed the paperwork for the status change, before your VWP period expires. But your lawyer will know, so listen to them not me.
Do not ask a city hall official. There is no reason why they would know immigration law.
answered Jan 10 at 14:20
DJClayworthDJClayworth
33.9k785123
3
Immediate relatives can apply to adjust status even if they are out of status, but it is certainly better to apply before the 90 days expire rather than after, in case something goes wrong.
– phoog
Jan 10 at 14:30
add a comment |
Knowing someone who did exactly this in the US very recently, I can say that it is possible to change your status once you are married without having to leave. However the law around it is not clear or simple and you should absolutely definitely talk to an immigration lawyer before attempting this. It's very easy to do something, or fail to do something, that would mean you didn't qualify and were overstaying your VWP limits, causing you lots of problems in the future.
My understanding is that you not only need to be married, but also to have filed the paperwork for the status change, before your VWP period expires. But your lawyer will know, so listen to them not me.
Do not ask a city hall official. There is no reason why they would know immigration law.
answered Jan 10 at 14:20
DJClayworthDJClayworth
33.9k785123
3
Immediate relatives can apply to adjust status even if they are out of status, but it is certainly better to apply before the 90 days expire rather than after, in case something goes wrong.
– phoog
Jan 10 at 14:30
add a comment |
Knowing someone who did exactly this in the US very recently, I can say that it is possible to change your status once you are married without having to leave. However the law around it is not clear or simple and you should absolutely definitely talk to an immigration lawyer before attempting this. It's very easy to do something, or fail to do something, that would mean you didn't qualify and were overstaying your VWP limits, causing you lots of problems in the future.
My understanding is that you not only need to be married, but also to have filed the paperwork for the status change, before your VWP period expires. But your lawyer will know, so listen to them not me.
Do not ask a city hall official. There is no reason why they would know immigration law.
answered Jan 10 at 14:20
DJClayworthDJClayworth
33.9k785123
Knowing someone who did exactly this in the US very recently, I can say that it is possible to change your status once you are married without having to leave. However the law around it is not clear or simple and you should absolutely definitely talk to an immigration lawyer before attempting this. It's very easy to do something, or fail to do something, that would mean you didn't qualify and were overstaying your VWP limits, causing you lots of problems in the future.
My understanding is that you not only need to be married, but also to have filed the paperwork for the status change, before your VWP period expires. But your lawyer will know, so listen to them not me.
Do not ask a city hall official. There is no reason why they would know immigration law.
answered Jan 10 at 14:20
DJClayworthDJClayworth
33.9k785123
edited Jan 10 at 14:58
answered Jan 10 at 14:20
DJClayworthDJClayworth
33.9k785123
answered Jan 10 at 14:20
DJClayworthDJClayworth
33.9k785123
answered Jan 10 at 14:20
DJClayworthDJClayworth
33.9k785123
33.9k785123
3
Immediate relatives can apply to adjust status even if they are out of status, but it is certainly better to apply before the 90 days expire rather than after, in case something goes wrong.
– phoog
Jan 10 at 14:30
add a comment |
3
Immediate relatives can apply to adjust status even if they are out of status, but it is certainly better to apply before the 90 days expire rather than after, in case something goes wrong.
– phoog
Jan 10 at 14:30
3
3
Immediate relatives can apply to adjust status even if they are out of status, but it is certainly better to apply before the 90 days expire rather than after, in case something goes wrong.
– phoog
Jan 10 at 14:30
Immediate relatives can apply to adjust status even if they are out of status, but it is certainly better to apply before the 90 days expire rather than after, in case something goes wrong.
– phoog
Jan 10 at 14:30
add a comment |
After the marriage, you would be in the Immediate Relative category (spouse, parent, or unmarried under-21 child of a US citizen). Immediate Relatives are eligible for Adjustment of Status in the US even if they entered on the Visa Waiver Program (whereas other categories cannot do AOS from VWP). So yes, you can stay and apply for Adjustment of Status. If you do Adjustment of Status, you cannot leave the US until you get your green card or an Advance Parole, or you will automatically abandon your AOS. The only issue with AOS from VWP is that people who entered on VWP waived any right to a hearing before being deported (except when claiming asylum), so in the unlikely case where the AOS is denied in error, you don't get to challenge the denial in removal proceedings.
answered Jan 10 at 19:58
user102008user102008
11.1k12251
If the AOS were denied, then, would there be any remedy available?
– phoog
Jan 10 at 21:20
add a comment |
After the marriage, you would be in the Immediate Relative category (spouse, parent, or unmarried under-21 child of a US citizen). Immediate Relatives are eligible for Adjustment of Status in the US even if they entered on the Visa Waiver Program (whereas other categories cannot do AOS from VWP). So yes, you can stay and apply for Adjustment of Status. If you do Adjustment of Status, you cannot leave the US until you get your green card or an Advance Parole, or you will automatically abandon your AOS. The only issue with AOS from VWP is that people who entered on VWP waived any right to a hearing before being deported (except when claiming asylum), so in the unlikely case where the AOS is denied in error, you don't get to challenge the denial in removal proceedings.
answered Jan 10 at 19:58
user102008user102008
11.1k12251
If the AOS were denied, then, would there be any remedy available?
– phoog
Jan 10 at 21:20
add a comment |
After the marriage, you would be in the Immediate Relative category (spouse, parent, or unmarried under-21 child of a US citizen). Immediate Relatives are eligible for Adjustment of Status in the US even if they entered on the Visa Waiver Program (whereas other categories cannot do AOS from VWP). So yes, you can stay and apply for Adjustment of Status. If you do Adjustment of Status, you cannot leave the US until you get your green card or an Advance Parole, or you will automatically abandon your AOS. The only issue with AOS from VWP is that people who entered on VWP waived any right to a hearing before being deported (except when claiming asylum), so in the unlikely case where the AOS is denied in error, you don't get to challenge the denial in removal proceedings.
answered Jan 10 at 19:58
user102008user102008
11.1k12251
After the marriage, you would be in the Immediate Relative category (spouse, parent, or unmarried under-21 child of a US citizen). Immediate Relatives are eligible for Adjustment of Status in the US even if they entered on the Visa Waiver Program (whereas other categories cannot do AOS from VWP). So yes, you can stay and apply for Adjustment of Status. If you do Adjustment of Status, you cannot leave the US until you get your green card or an Advance Parole, or you will automatically abandon your AOS. The only issue with AOS from VWP is that people who entered on VWP waived any right to a hearing before being deported (except when claiming asylum), so in the unlikely case where the AOS is denied in error, you don't get to challenge the denial in removal proceedings.
answered Jan 10 at 19:58
user102008user102008
11.1k12251
answered Jan 10 at 19:58
user102008user102008
11.1k12251
answered Jan 10 at 19:58
user102008user102008
11.1k12251
answered Jan 10 at 19:58
user102008user102008
11.1k12251
11.1k12251
If the AOS were denied, then, would there be any remedy available?
– phoog
Jan 10 at 21:20
add a comment |
If the AOS were denied, then, would there be any remedy available?
– phoog
Jan 10 at 21:20
If the AOS were denied, then, would there be any remedy available?
– phoog
Jan 10 at 21:20
If the AOS were denied, then, would there be any remedy available?
– phoog
Jan 10 at 21:20
add a comment |
1
I think you can stay, but you will probably get a proper answer shortly.
– Tomas By
Jan 10 at 11:39
2
Congratulations :) for marriage and new life
– Dhaval Solanki
Jan 10 at 12:06
4
@jwenting municipal workers are administrative extremely unlikely to know anything about immigration law. But this is definitely a question for Expatriates.
– phoog
Jan 10 at 13:36
1
You can adjust your status, but there is some kind of 30-60-90 day rule where you have to overcome the presumption that you knew about this before entering the US, essentially. I don't know much about US immigration law and cannot provide a good answer. I'm sure someone else will elaborate on this soon. Congratulations!
– la femme cosmique
Jan 10 at 13:37
2
@lafemmecosmique the ever-knowledgeable user102008 recently pointed out to me that that rule is a Department of State rule related to the issue of visas so unless there's a similar rule at DHS that may not be a problem. But having evidence that it truly was a surprise probably will be necessary.
– phoog
Jan 10 at 14:28