Married on ESTA steps

[zortyos]

Of course this has been asked and answered but I'm confused with so many responses.

I (US citizen) am getting married to someone who is here on a ESTA. She has been here for about 75 days. We plan to get married tomorrow. I stayed with her last year for a few weeks and she stayed with me for a few weeks again at the end of the year.

I think I need to do the following:
File I-130 & File I-485 (at same time)

Once confirmed receipt then she can stay in US past 90 days until green card interview?

I live in Chicago and looks like I am mailing to a Chicago address.

With the short timeframe 9 business days I want to make sure that she is not in violation of ESTA. Looks like I need to read up on best way to show that marriage is real by filing things that show we are a couple.

Are there any big picture things I am missing? She wants to know when she can work but that can wait. Thanks for reading and any responses.

[newacct]

Of course this has been asked and answered but I'm confused with so many responses.

I (US citizen) am getting married to someone who is here on a ESTA. She has been here for about 75 days. We plan to get married tomorrow. I stayed with her last year for a few weeks and she stayed with me for a few weeks again at the end of the year.

I think I need to do the following:
File I-130 & File I-485 (at same time)

Once confirmed receipt then she can stay in US past 90 days until green card interview?

I live in Chicago and looks like I am mailing to a Chicago address.

With the short timeframe 9 business days I want to make sure that she is not in violation of ESTA. Looks like I need to read up on best way to show that marriage is real by filing things that show we are a couple.

Are there any big picture things I am missing? She wants to know when she can work but that can wait. Thanks for reading and any responses.

She doesn't have to file within the 90 days of VWP status. Just take your time and make sure you have everything ready before you file. Once she files she can stay for as long as it is pending.

[zortyos]

She doesn't have to file within the 90 days of VWP status. Just take your time and make sure you have everything ready before you file. Once she files she can stay for as long as it is pending.

Thanks do I need to file the I-130 within the 90 days?

[newacct]

Thanks do I need to file the I-130 within the 90 days?

No. And you should file I-130 and I-485 together, when you are ready with both forms.

[Guest]

Unlawful presence is forgiven for those married to USCs with a valid pending AOS application.
However, you may want to file before her visa is up regardless, since visa overstays are not protected by virtue of their marriage to a USC but rather because of their pending application.

So don't sacrifice quality, because in the end the most important thing is to compile an application that will be approved. But also I would offer a gentle reminder that it's best to minimize that window of unlawful presence with no pending application.