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• こーの字
• 2024/05/09 (Thu) 18:40
• 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.

• こーの字
• 2024/05/10 (Fri) 11:10
• 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.

• Papa
• 2024/05/10 (Fri) 17:08
• Report

It is better to get married while sightseeing in Esta and apply for a green card in the U.S.
USCIS will not be impressed
so it is better to return home and apply for a green card in Japan and wait.

• サムシングブルー
• 2024/05/10 (Fri) 17:17
• Report

I am married to an American and finally got a green card recently.
We wanted to apply from ESTA with the exact same pattern.
I paid a fee to an immigration lawyer, but I didn't want to make a mistake, so I went to see him
He told me that immigration is very strict these days for marriage green cards, especially for Japanese women.
It was fine to apply for a green card after entering the country by ESTA 10 years ago
but now it is considered a false application if you enter the country as a tourist.
In the past, a Japanese woman who claimed that she was in Hawaii for sightseeing
because she met someone after coming to Hawaii and they got married immediately
was rejected because they found out that she had been in contact with him since her stay in Japan through all kinds of checks including social networking and emails. She was rejected, and her application was very difficult.
She said that it was a recent case and she was not sure if she was able to apply or not.
It seems that it is not good that he came to Japan as a tourist at the time of entry. For reference ！

• ESTA
• 2024/05/10 (Fri) 17:32
• 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.

• こーの字
• 2024/05/10 (Fri) 17:52
• 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

• A
• 2024/05/11 (Sat) 02:12
• 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 ？.

• こーの字
• 2024/05/11 (Sat) 11:24
• 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.

• A
• 2024/05/11 (Sat) 22:00
• 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/