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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.

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)

#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)

#8
  • A
  • 2024/05/10 (Fri) 23:12
  • Report

I entered the country in October 2018, applied for a green card with Adjustment of Status from ESTA in November, and received my green card in the mail shortly after my marital interview in July 2019 at the Honolulu office of USCIS in downtown Honolulu.
We got married in 2016, so we did not enter the country under ESTA and get married.
We lived in Japan until then.
After I applied, I received a confirmation of receipt by text message, not by email. There was no confirmation of receipt by letter.

I was also worried about the Adjustment of Status from ESTA because I had seen many posts on the Internet that it was not impressive, but I was not asked anything about my ESTA entry at the interview.
You don't need to worry about that, because the 90-day period of stay will no longer apply once you enter the country under ESTA and the Adjustment of Status screening begins at USCIS.
Rather, you are not allowed to leave the U.S. during the examination, so you will have to submit the documents to request temporary departure permission during the application process. My husband called USCIS first, explained the situation, asked for all the necessary documents, and then submitted them all.
He said that he called USCIS and they were very helpful.
Since it is USCIS that reviews the application, why don't you contact USCIS ?.

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)

#10
  • A
  • 2024/05/11 (Sat) 19:00
  • Report

Supplement.
I wrote that I entered the country in October 2018, applied for a green card with Adjustment of Status from ESTA in November 2018, and received my green card in the mail shortly after my couple interview in July 2019 at the Honolulu office of USCIS downtown, but I remember I remembered that I received instructions for fingerprinting in December 2018, so I made an appointment in January 2019 and had my photo taken and fingerprints taken at the Honolulu office of USCIS. The photo and fingerprints taken at that time were used on my green card.

First of all, Mr. HALE has already completed your application ?
Do you know which documents you submitted and all the document names ? Do you keep copies of the documents you submitted ?
#9, Koji wrote "I- 131, Application for Travel Document, and you cannot leave the U.S. until the authorization document is returned to you.

"What should I do next ??" but if you have submitted the documents and USCIS has received them, then you will have to wait.
In my case, after mailing the documents, I just had to wait for instructions.
If USCIS has received the documents, I think the next step is to have your fingerprints taken and a photo taken, as long as the documents are complete and everything goes smoothly.

Six years ago, my husband submitted his paperwork by mail. We mailed them with a check for the application fee.
If the check has been cashed and debited from the bank, then I believe the documents have been received by USCIS and the review process has begun.

I applied in 2018 so at that time there was no online submission option and I submitted my documents by mail.
Mr. hale did you file online ? did you file by mail ?
https://www.uscis.gov/i-130
If you did online filing, you can check your case status. If you filed online, it says you can check your case status online, so you can check the status of your application yourself.

The estimated processing times for the I-130 are available on the USCIS website.
https://egov.uscis.gov/processing-times/

There is also a website where those who have filed green card applications with USCIS report their progress.
https://www.visajourney.com/forums/forum/134-ir-1-cr-1-spouse-visa-case-filing-and-progress-reports/
Same time as Mr. Hale, April 2024. Some have already received instructions for biometrics appointment ( photography and fingerprinting ) after filing I-130 and I-485 in April 2024 at the same time as Mr. Hale.
https://www.reddit.com/r/USCIS/comments/1c5lx2v/april_2024_gc_filers_i130_i485/

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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