AOS

[loth 0]

Hey guys, i've been reading this forum alot, and i'm about to file AOS for my wife adjusting from VWP from Australia. (spontaneous wedding!)

On the form G-325a, it says 'Applicants for Employment in the last 5 yrs' and my wife is 23, and she's never worked before (comes from a wealthy background) would that affect the outcome of getting a GC? / Raise concerns about our intent?

Also.. this sounds bad but she was also forced into a marriage by her parents at the age of 16 because she fell pregnant but the marriage ended within the year. Apparently if your marriage is over in less than 1 yr in Australia, you have to wait 2 yrs before you can file for divorce.

Basically, we've been dating since 2007, and her divorced finalized in 2008, and we just got married now (2009). Would that raise any concerns/intent too ?

Lastly as i stated, she has a child which we will not be filing for AOS with her yet. would that be a problem? The only reason why we're not filing for the child is because we want to make sure that my wife can definitely get a GC and settle in, find work before we bring her child over.

so overall my recap for questions are:

1) G-325a form and employment

2) Early marriage which ended straight away and getting married again at the age of 23 (raise any concerns)

3) Child from previous marriage not filing for AOS with her.

Please help us out !!

I'm so scared to lose her when we know we love each other very much, and i can't bare the thought of her leaving me again to go back to her country..

Edited May 19, 2009 by loth

[YuAndDan 153]

Work history has NO barring on the outcome, just say "Unemployed"

Dating since 2007, can make them question your intent upon entry to the USA. Seriously consider doing the correct thing and file an I-130 for a spousal visa and immigrate properly. If USCIS is not convinced that there was no immigrations intent upon entry on the VWP, they can simply DENY the AOS and place a life ban on this requiring filing for a spousal visa, and then filing a waiver of the ban. Entry to the USA as a visitor with the intent to immigrate is visa fraud.

You can later file for an immigrant visa for the child as a step parent, if marriage took place before the child's 18th birthday.

[Kittykisses73 1]

Hey and Welcome

I met my husband online in 2007 and he came to meet me in August 08 ( from Australia ). Things changed when he got here and we went from being SUPER friends to being totally fell in love. He asked me to marry him in October and we got married in November 08 (he came on the VWP)

We finally got all of his papers in February 09, sent in the I-485/I-130/I-765. We received a RFE for the medical exam which we got on April 16 and we had the exam on April 17, got the results on April 21 and sent them to USCIS. We received his EAD on May 9th!!!!!!!!!!!!!!

This past Friday we received out notice for our interview for July 20th VERY EXCITED!!! Things have gone very fast for us.

On her 325 if she never worked, put that. Be honest with everything! NEVER FIB when dealing with immigration!

I dont think her short lived marriage early on will cause you grief we all make mistakes, it took me 10 years to realize mine!

My husband has a son who is still back home in Australia, I understand your concern since its HER child, I don't know how to answer that but you will get a response from someone on here that will be able to shed some light on that. I don't see it being a problem, but you hear some horror stories and its best to see it from all sides.

Best of luck to you and let me know if we can assist you with anything along the way

[loth 0]

Work history has NO barring on the outcome, just say "Unemployed"

Dating since 2007, can make them question your intent upon entry to the USA. Seriously consider doing the correct thing and file an I-130 for a spousal visa and immigrate properly. If USCIS is not convinced that there was no immigrations intent upon entry on the VWP, they can simply DENY the AOS and place a life ban on this requiring filing for a spousal visa, and then filing a waiver of the ban. Entry to the USA as a visitor with the intent to immigrate is visa fraud.

You can later file for an immigrant visa for the child as a step parent, if marriage took place before the child's 18th birthday.

To clarify things, we dated end of 07 in December. Shes been here twice before on a VWP. 1st time was for 3 weeks in May 08, 2nd time was 3 months (Nov 09) and the last time she came here (March 09) we decided to get married. Hence the AOS. We didnt plan to get married at all, so how would that question intent if we've been dating since 07? Also how do you prove that you didnt intend to get married upon entry?

Should i not send in my AOS package?

[YuAndDan 153]

Work history has NO barring on the outcome, just say "Unemployed"

Dating since 2007, can make them question your intent upon entry to the USA. Seriously consider doing the correct thing and file an I-130 for a spousal visa and immigrate properly. If USCIS is not convinced that there was no immigrations intent upon entry on the VWP, they can simply DENY the AOS and place a life ban on this requiring filing for a spousal visa, and then filing a waiver of the ban. Entry to the USA as a visitor with the intent to immigrate is visa fraud.

You can later file for an immigrant visa for the child as a step parent, if marriage took place before the child's 18th birthday.

To clarify things, we dated end of 07 in December. Shes been here twice before on a VWP. 1st time was for 3 weeks in May 08, 2nd time was 3 months (Nov 09) and the last time she came here (March 09) we decided to get married. Hence the AOS. We didnt plan to get married at all, so how would that question intent if we've been dating since 07? Also how do you prove that you didnt intend to get married upon entry?

Should i not send in my AOS package?

I am not saying NOT to file AOS, just warning, that USCIS Can and WILL interview for AOS and they will be asking probing questions to determine intent.

It is your call to AOS or file for a Spousal visa.

One last note the spousal visa as well as immigrant visa for step child costs much less without the added cost of AOS.