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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)

#6
  • ESTA
  • 2024/05/10 (Fri) 14:32
  • Report

It used to be OK. Now it is subject to denial to enter the country under ESTA, get married, stay in Hawaii for more than 90 days beyond the period of stay for tourism, and get a green card
The best way is to take your husband and live in Japan.

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#7
  • こーの字
  • 2024/05/10 (Fri) 14:52
  • Report

Here is an article by a law school professor for your reference.
I am not sure when you wrote it.
It was written here, but it seems that the response is quite different if the couple got romantically involved after entering Japan and got married, or if they planned to get married before and entered Japan under ESTA.
In any case, since this is a life-altering matter, it is advisable to consult an immigration attorney rather than relying on bulletin board information.

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter11-1.html#:~:text=People%20who%20 enter%20the%20U.S.,were%20allowed%20under%20the%20VWP.
https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage- visa-book/chapter1-5.html

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)

#9
  • こーの字
  • 2024/05/11 (Sat) 08:24
  • Report

As a follow-up to #8, if you are submitting
Adjustment of Status with I-485 (How to get a green card in the US ）),
I-131, Application for Travel Document
and
I- 765, Application for Employment Authorization
should also be filed at the same time.
I-131 is the document that #8 mentioned, which authorizes temporary departure from the country during the application process. If you leave the U.S. without this, the I-485 process will be over there.
The I-765 is the document you need to work on until you receive your green card.
You can read more about it in the link in #2.

I did my I-485 and other applications through an attorney. I think it is generally done through an attorney as well. However, if you look up I-485 DIY, you can also find a way to do it yourself.
However, based on the above discussion, I think it would be a good idea to consult an immigration attorney first to see if it would be better to continue with the Adjustment of Status process or to return to Japan and obtain an immigrant visa through an embassy interview.

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)

#12

I have been living in California, USA for about 8 years
My F-1 visa has expired, I only have a valid I-20, but I rarely go to school
I have an I-20, so it is legal I am getting married to a Japanese permanent resident
Is there any problem if I register the marriage at the consulate? ？
and can I get my Permanent Resident status immediately ？ too?

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#14
  • こーの字
  • 2024/06/06 (Thu) 17:22
  • Report

#12,

You can look up the Processing Time for the I-130 on the USCIS website.
https://egov.uscis.gov/processing-times/
Form is I-130 and Form Category is Permanent resident filling for a spouse or child under 21.

Also, according to the following site, it may take 4-5 years to receive I-130 in some cases.
https://visagrader.com/uscis-processing-times/i-130

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