Adjustment of status - esta/vwp

[Anita1000]

Hi everybody,
i've got married overseas 3 years ago. My husband is an american citizen.
I enter in the usa 2 months ago using my "esta/vwp". Now, my husband wants me to stay here and propose me the adjustment of status.
Should i have to wait expire 90 days to send the papers? I say that because of the new rules of 90 days.
I m in florida. Is there anybody who got succes on it ?

[inadmissible]

Go for it. No need to wait

[Anita1000]

Adjustment of status ESTA/VWP

Hi, Inadmissible,

thank you for answering me.


Do you know somebody who has the same case then mine? I talked with 2 laywers who sad that I have to wait 90 days or it could be considered a fraud...

[inadmissible]

You have a simple adjustment of status case. There is very little work and very little value attorneys can offer for this kind of work. You should just file the paperwork yourself. The only attorneys who cater to this market segment are newbies, idiots, and fraudsters

[Anita1000]

You have a simple adjustment of status case. There is very little work and very little value attorneys can offer for this kind of work. You should just file the paperwork yourself. The only attorneys who cater to this market segment are newbies, idiots, and fraudsters

Hi Inadmisseble, thank you again for your sincere opinio.

I would love to know somebody who is in the same situation as me. Let me know please.

[Anita1000]

You have a simple adjustment of status case. There is very little work and very little value attorneys can offer for this kind of work. You should just file the paperwork yourself. The only attorneys who cater to this market segment are newbies, idiots, and fraudsters

Hi Inadmisseble, thank you again for your sincere opinio.

I would love to know somebody who is in the same situation as me. Let me know please.

[miiki]

Check out the Adjustment of Status Forum.

Many who are adjusting entered on a visa waiver or a B2 visa. As long as you didn't lie to the agent when you entered you should be fine. It sounds like you entered, didn't lie, and you and your husband are deciding to adjust after entering.

[Anita1000]

Hi Miiki!

Check out the Adjustment of Status Forum.

Many who are adjusting entered on a visa waiver or a B2 visa. As long as you didn't lie to the agent when you entered you should be fine. It sounds like you entered, didn't lie, and you and your husband are deciding to adjust after entering.

Thank you for answering me!
Did you do your AOS by yourself?

I have another doubt: 1) my join-sponsor dont have his income of the last year (2016) because he asked an extention to present it. Do you think is Ok if I attach only the income of 2015/2014 and 2013? or should I join a prouve of the request of the extention?

[Amember]

Adjustment of Status

Hey Anita1000

I don't think you have anything to worry about. From what you said you have already been married for 3 years and only now adjusting your status.
So go ahead you will be fine.

Secondly, they do not need 3 years tax returns, what they need is the most recent tax year which is 2017. They are also not interested in your sponsor proof of
extension. Since we are in tax season maybe you could wait a few more weeks then have your sponsor file his taxes and then you send this copy in.


Not legal advice, use at your own risk

[UScitizenFilingforspouse]

Hi everybody,
i've got married overseas 3 years ago. My husband is an american citizen.
I enter in the usa 2 months ago using my "esta/vwp". Now, my husband wants me to stay here and propose me the adjustment of status.
Should i have to wait expire 90 days to send the papers? I say that because of the new rules of 90 days.
I m in florida. Is there anybody who got succes on it ?

Anita,

This is a simple adjustment of status. Make sure you read all instructions carefully and consult the forum for questions that may be ambiguous. Some just are.
The great thing about your situation is that you are looking at getting the 10 year Green Card when your interview comes. You’ve been married for 3 years already and they’ll give you the permanent PERMANENT green card.

Congrats! Best of luck!

[Anita1000]

HI Amember!

Hey Anita1000

I don't think you have anything to worry about. From what you said you have already been married for 3 years and only now adjusting your status.
So go ahead you will be fine.

Secondly, they do not need 3 years tax returns, what they need is the most recent tax year which is 2017. They are also not interested in your sponsor proof of
extension. Since we are in tax season maybe you could wait a few more weeks then have your sponsor file his taxes and then you send this copy in.


Not legal advice, use at your own risk

Hi Amember! thank you for answering me!

My husband will be my sponsor and I'll need a joint-sponsor because my husband doesn't have the last income tax here in the USA (we were living in another country). My joint-sponsor sad he does not have the last income 2016 because he asked an extention to fill in it. But looking at internet I've just find out that the limit date to present the income 2016 for whose asked an extention was 17 october 2017. So, he probably has the income tax 2016, but maybe he does not want to give it to me. Am I correctly in reasoning?

[inadmissible]

US citizens are obligated to file a tax return, unless their income falls below a particular threshold. The fact that they are living abroad is not an excuse for failing to file a tax return. In fact, as part of the Affidavit of Support he will file, he will have to attach a statement explaining why he did not file a tax return in any of the preceding three years. So, your husband should get started filing his delinquent tax return(s) ASAP

As for why your joint sponsor hasn't completed his 2017 tax return... like many Americans (your husband included), he is probably just delinquent on his filing obligations

[Anita1000]

US citizens are obligated to file a tax return, unless their income falls below a particular threshold. The fact that they are living abroad is not an excuse for failing to file a tax return. In fact, as part of the Affidavit of Support he will file, he will have to attach a statement explaining why he did not file a tax return in any of the preceding three years. So, your husband should get started filing his delinquent tax return(s) ASAP

As for why your joint sponsor hasn't completed his 2017 tax return... like many Americans (your husband included), he is probably just delinquent on his filing obligations

Thank you for answering me!

[tokyofroodle]

Hi there!
Wanted to throw in my two cents!

You can definitely file, Personally my husband and I got a lawyer so we don't screw anything up.

We filed the i-485 and all of those applications that go with it (if you have a lawyer they basically do everything for you, and explain everything and walk you through it and tell you where to sign). And entered those In June 2017 a couple of days before his VWP expired. The lawyer said since we were already married it was Ok to do it even sooner than that. The fraud is more if you got married during your 90 days on the VWP. If you're already married, not as much of a big deal.


In July/August my co-sponsor - after I finally found a friend who made enough money and was willing to file, (my husband is the foreigner in our case and I only had 6 months of work history/w2-s for the past 3 years) finally got all of his paperwork together and got it to my lawyer to file, so that caused it to take a bit longer than it should have to get the work permission EAD card. It's been about 6 months now I think and we just got it today.

My friends who've already gone through the i-485 and everything says the actual green card takes about a year.



My biggest worry now, is travelling under the I-512 (EAD - advance parole card) and getting back into the US because of the VWP and that having expired a few days after we filed.



As long as you get everything in at one in the beginning (doctor papers, tax papers etc) your should go through faster, but make sure you don't send it until you have everything, it's a big headache with the waiting game, the EAD applications are pushed back and taking about 5 months right now according to my lawyers office. It used to normally take 3 months.


Good luck! The filing isn't too bad, the waiting game afterwards sucks.


And yes, for all of you DIY'ers, getting a lawyer DOES HELP and it's not that expensive. This whole process has cost us about $3500 total with the lawyer and i-485 fees. Plus if you screw up, it's not actually YOU that screwed up, and it looks better on paper that you have someone representing you.

[Anita1000]

Hi there!
Wanted to throw in my two cents!

You can definitely file, Personally my husband and I got a lawyer so we don't screw anything up.

We filed the i-485 and all of those applications that go with it (if you have a lawyer they basically do everything for you, and explain everything and walk you through it and tell you where to sign). And entered those In June 2017 a couple of days before his VWP expired. The lawyer said since we were already married it was Ok to do it even sooner than that. The fraud is more if you got married during your 90 days on the VWP. If you're already married, not as much of a big deal.


In July/August my co-sponsor - after I finally found a friend who made enough money and was willing to file, (my husband is the foreigner in our case and I only had 6 months of work history/w2-s for the past 3 years) finally got all of his paperwork together and got it to my lawyer to file, so that caused it to take a bit longer than it should have to get the work permission EAD card. It's been about 6 months now I think and we just got it today.

My friends who've already gone through the i-485 and everything says the actual green card takes about a year.



My biggest worry now, is travelling under the I-512 (EAD - advance parole card) and getting back into the US because of the VWP and that having expired a few days after we filed.



As long as you get everything in at one in the beginning (doctor papers, tax papers etc) your should go through faster, but make sure you don't send it until you have everything, it's a big headache with the waiting game, the EAD applications are pushed back and taking about 5 months right now according to my lawyers office. It used to normally take 3 months.


Good luck! The filing isn't too bad, the waiting game afterwards sucks.


And yes, for all of you DIY'ers, getting a lawyer DOES HELP and it's not that expensive. This whole process has cost us about $3500 total with the lawyer and i-485 fees. Plus if you screw up, it's not actually YOU that screwed up, and it looks better on paper that you have someone representing you.

Hi there! thank you so much for sharing with me and our members your experience!

I talked about do the application after 90 days of expire the ESTA because in september 2017 the gouvernment edit the recommendation "9 FAM 302.9-4(B)(3)" saying that if a person enter on ESTA and practice any action that goes against you tourist status (like adjustment of status), the fraude can be presumed. You entered in the USA before that new rule...

Anyway, I'will consider to hire a lawyer. I've just send to you a private message to get more informations if possible.

Thank you so much again in advance.