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I came in usa with esta.My esta expires in 1week. I get married an american citizen. And im ready to fill i130 form & i485.

Kennewick, WA |
Filed under: Immigration court

But i didnt done the health exams. What will happen if i m gonna send the forms to uscis after my esta expires(with a few days delay)? Can i stay or i must go back?

Attorney Answers 4


  1. The first step is definitely to file your I-130. Please contact an immigration attorney for more specific answers to your questions.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.


  2. Consult with attorney for a full evaluation. Medical could be submitted later.

    The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538 for detailed evaluation of your case. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore, You should consult an attorney about your particular situation. Visit us at WWW.USIMMIGRATIONPLUS.COM Contact Immigration Law Offices of Tsirina Goroshit at 275 Madison Avenue, 4th Floor New York, NY 10016


  3. If you can, file your application package before your 90 days of authorized stay here expire. If you file AFTER the 90 day period, you remain eligible for adjustment of status, but if for some reason your case is not approved and you have to deal with the immigration court, your rights will be limited.

    I agree that the medical can be sent to the USCIS later, but that could delay the processing of your case. Also, you will need to file a lot more forms than the two form you've mentioned. Bottom line: do it quick and do it right, but do consult a lawyer if you are sure you know what you're doing.


  4. Entering the U.S. on the visa waiver program allows you to come without any visa, but in exchange for that privilege your rights are extremely limited. The general rule is that you cannot change or adjust status. One exception to that rule is if you are applying to adjust status as the spouse of a U.S. citizen. Now there are two tricky timing issues. If you enter as a visitor and marry a U.S. citizen within a short time, then it is good evidence that you already intended to stay, and you misrepresented that you only intended to visit. On the other hand, there have been recent rulings that if you are going to adjust when you are on this visa waiver program, you must do it before your authorized stay expires. That ruling may be questionable, and I would definitely get an experienced attorney right away.

    This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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