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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 ！