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Topic

Green Card Application

Visa related
#1
  • hale
  • mail
  • 2024/05/09 13:38

I entered the country on April 1 this year under ESTA and got married in Hawaii with my boyfriend who is from Hawaii. I filed an I-130 to apply for permanent residence and USCIS sent an email to his email address saying that they received it, but I have not received a letter. I am entering the country under ESTA, so I only have 90 days to apply. ? If so, what should I do next? ? Since May has already passed and I am running out of time to stay on ESTA, I was wondering if anyone has applied for permanent residence under ESTA as well? ! 🙇‍ ♀ ️

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#2
  • こーの字
  • 2024/05/09 (Thu) 15:40
  • Report

If you are waiting to get your green card while continuing to reside in the US ( Hawaii ) the next step is to file an I-485, Adjustment of Status.
In Ms. hale's case, because she is the spouse of a US citizen, she should also be able to file the I-485 before the I-130 is approved.

However, the timing of this, according to the blog below, is to file the I-485 immediately after the 90-day ESTA grace period is over.
This is because the application for a green card may be considered problematic because it is different from the purpose for which you entered the country under ESTA.
You and your husband should read the following blogs, especially Adjusting Status with 90-Day Consideration.
https://citizenpath.com/adjustment-of-status-visa-waiver-program/#90-day

I myself obtained GC on an employment basis, so my comments are only based on reading the above explanation.
I would suggest that you consult with an immigration attorney to make sure you don't screw up. It is a bit expensive, but I think it is a good idea.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#3
  • こーの字
  • 2024/05/10 (Fri) 08:10
  • Report

As an additional note, when you apply for the I-485, I suggest you also apply for the
I-765 Application for Employment Authorization and
I-131 Application for Travel Document
#2 blog also ).
If your I-765 is approved, you can work until you get permanent residency.
Also, if the I-131 is approved, you can travel outside the U.S. while you are applying for permanent residence on the I-485.

However, it would be safer ? to have an immigration attorney file the I-485 and related documents for you.
Or, you can search for I-485 DIY on the Internet and see if you can apply for it by yourself.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

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