Getting married and have a question...

[Kyrgyzfriend 0]

Hi, my fiancée came over for Christmas and when she arrived, her visa was stamped for 6 months and so since then, she's been here visiting friends, etc. We're planning on getting married before her visa expires and know about the possible risk of visa fraud that we could run into, though have gotten counsel from an Immigration attorney along with friends who have gone through similar situations and the all give us there blessings. A question though we've recently come across is after we get married, how soon should we file the adjustment of status and I-130, and what should we file first or should we file both together? We've heard that it is better to wait a bit afterwards to file, so we don't look as if we're rushing into things simply for her to be able to stay here.

[Nartaki 7]

Are you a US citizen? When did your fiancee enter this country? When does her visa expire?

Normally getting married within days of entering the US can cause the USCIS to become suspicious. However, if you are a US citizen such assumption of intent is usually forgiven if you have very strong evidence of bonafide marriage to present. Accruing overstays and previous unauthorized employment are also forgiven if it is a bonafide marriage to a US citizen.

So it doesnt really matter when you file for AOS. Once you get married, have all the supporting documents ready and you can mail it out the same day.

If you want your fiancee to receive her Greencard as soon as possible, then you should file I-485 and I-130 together. Please read the Guides section on this website.

[Brother Hesekiel 2,235]

There is no written law about this, but the unwritten law has been spelled out by respected immigration attorney Shusterman (whom I personally do not like):

If the visitor gets married and files for AOS within the first 30 days of ENTERING the US, the default assumption of USCIS is that this was planed from the get-go.

If the visitor gets married after 30 days and files for adjustment afterward, the default assumption is that it was not planed.

It's a stupid, albeit unwritten rule IMHO, but that's how the cookie crumbles.

In your case, your fiance has aleady spent close to 4 months in the US. You can get married any time and should file as soon as possible afterward, meaning as soon as you have all the necessary documents together.

[Bernie C 24]

Being that she was already your finacee (as you stated in your post) I would fear that this has immigration fraud potential written all over it.

But if you've consulted with a GOOD and REPUTABLE immigration attorney and they are advising you to go for it, whell then I wont say contrary.

Maybe you should ask the immigration attorney how long you should wait.

My guess here, based on what you said in your post, is that most VJers may think your treading in dangerous waters. We all wish our finacee's could visit, then marry here, stay and file for adjustment of status.

My own opinion is - get married, have her return home and file CR-1.

Whatever you choose to do - wish you the best of luck!!

[Anh map 2,098]

You state that you have explored your options and are aware of the pros and cons. If the adjudicating officer suspects fraud, the submission date of the I-130 and I-485 petitions will have little bearing.

The wedding date and I-94 date will never change. Waiting to file only leaves your spouse potentially accruing out of status days (which are normally excused).

The sooner that you begin the process the sooner your spouse will have their green card if all goes well.