Got married on a B2 Visa

[W & M 0]

Greetings to all. After reading previous posts, I thought it might be better to ask for recommendations on my "specific"question. Brief background, I am the USC, and my wife has both B1 and B2 Visas; she is currently here on a B2 visit with a no later than return date of September 2010. I understand previous post about intent and the like, but as she visits frequently, owns a business in her home country, and is willing to return while the processing occurs, I am not too worried about the whole dual intent argument (please tell me if I am being naive in this)). That said, here are my questions:

1. Should we submit the I-130 and I-485 concurrently (I am guessing as soon as possible)?

2. Should we submit the G-325A, I-693, I-864, I-765 and I-131 in the same packet as well?

3. In the event that we do not receive anything back before September (the no later than stay date on her I-94), should she return back home and wait?

4. How concerned do we need to be about submitting an AOS while she is here on a B2?

Any recommendations or past experiences are welcome. We should have all of the documents in hand to move forward in the next week or so, so I guess the bottom line question is how do we do this the right way? Thanks in advance!

[Darnell 8,478]

Please follow this guide -

http://www.visajourney.com/content/i130guide2

She'll need to remain in USA, once you've filed, until GC in hand. If she leaves prior, is considered 'abandonment of AOS'.

Alternatively, you can file , solely, I-130 now, and then she can go in/out of USA, having the INTERVIEW and MEDICAL exam in her country.

once you've filled out the forms, let us know if you have any questions?

Edited May 27, 2010 by Darnell

[sasaqlain 24]

I held a B-1/B-2 and got married soon after I arrived. I had a long traveling history with the USA. Filed my I-130 within a month and Filed the I-485 within 3 months. My I-130 was decided in 6 months and AOS approved within the year. So, I dont think the 30 day rule is of much importance if your marriage is legit, and there aren't any other adverse factors at play. If there is a need to leave the country once you file, then give your case enough time to atleast receive the NOA's and Advance Parole, otherwise apply from your home-country. Good Luck.

[W & M 0]

Thanks for the responses...I guess we will submit the forms, and keep our fingers crossed...best of luck to all!

[Darnell 8,478]

Just to be clear(er) -

if she travels outside of USA whilst AOS is in process, USCIS usually views that as 'abandonment of AOS' and ya gotta start all over.

So, for example, if she wants to travel back and manage her business, then (IMO) it's better to file the I-130 (solely), with interview and medical exam in her home country.

Good Luck, whatever you decide to do.

[candyricardo 1]

Greetings to all. After reading previous posts, I thought it might be better to ask for recommendations on my "specific"question. Brief background, I am the USC, and my wife has both B1 and B2 Visas; she is currently here on a B2 visit with a no later than return date of September 2010. I understand previous post about intent and the like, but as she visits frequently, owns a business in her home country, and is willing to return while the processing occurs, I am not too worried about the whole dual intent argument (please tell me if I am being naive in this)). That said, here are my questions:

1. Should we submit the I-130 and I-485 concurrently (I am guessing as soon as possible)?

2. Should we submit the G-325A, I-693, I-864, I-765 and I-131 in the same packet as well?

3. In the event that we do not receive anything back before September (the no later than stay date on her I-94), should she return back home and wait?

4. How concerned do we need to be about submitting an AOS while she is here on a B2?

Any recommendations or past experiences are welcome. We should have all of the documents in hand to move forward in the next week or so, so I guess the bottom line question is how do we do this the right way? Thanks in advance!

We have a similar situation. In our case my husband has traveled back and forth several times, even afer we were married. I had a job that allowed me to travel a lot as well, so it just worked. I recently had a great job offer and he was here with me. We consulted a couple of attorneys that suggested we just go ahead and file while he was here, since it was not planned that he would stay, and I could not give up the offer. My situation would not allow me to travel anymore, so there we were. We file everything at once, at the recommendation of various sites. The I-130, I-485, I-765, affidavit for support, G-325's, and the Medical Exam as well.

Good luck and keep us posted....

[dracoasa 0]

Greetings to all. After reading previous posts, I thought it might be better to ask for recommendations on my "specific"question. Brief background, I am the USC, and my wife has both B1 and B2 Visas; she is currently here on a B2 visit with a no later than return date of September 2010. I understand previous post about intent and the like, but as she visits frequently, owns a business in her home country, and is willing to return while the processing occurs, I am not too worried about the whole dual intent argument (please tell me if I am being naive in this)). That said, here are my questions:

1. Should we submit the I-130 and I-485 concurrently (I am guessing as soon as possible)?

2. Should we submit the G-325A, I-693, I-864, I-765 and I-131 in the same packet as well?

3. In the event that we do not receive anything back before September (the no later than stay date on her I-94), should she return back home and wait?

4. How concerned do we need to be about submitting an AOS while she is here on a B2?

Any recommendations or past experiences are welcome. We should have all of the documents in hand to move forward in the next week or so, so I guess the bottom line question is how do we do this the right way? Thanks in advance!

I was in the same situation. I will answer the questions by number:

1. Yes

2. Yes (G-325A is part of I 485; the same I 864 and I 693.) So, what the packet should have: I 130, I 485 (including I 693, G 325A and I 864), I 765 and I 131

3. She should NOT leave before she gets the I 131 (Advance Parole). Once she gets it, she should be able go leave. I send the papers to USCIS in March 3 2009; on March 19 my I 94 expired. I received the AP I 131 in 56 days and after that i left US 4-5 times. I went to Canada 3 times and twice to Mexico and i had no troubles.

4. You should not be concerned at all. Just be prepared that in case it's needed you guys can prove that the marriage was not in your plans before the last entry.

Good luck

[dracoasa 0]

Greetings to all. After reading previous posts, I thought it might be better to ask for recommendations on my "specific"question. Brief background, I am the USC, and my wife has both B1 and B2 Visas; she is currently here on a B2 visit with a no later than return date of September 2010. I understand previous post about intent and the like, but as she visits frequently, owns a business in her home country, and is willing to return while the processing occurs, I am not too worried about the whole dual intent argument (please tell me if I am being naive in this)). That said, here are my questions:

1. Should we submit the I-130 and I-485 concurrently (I am guessing as soon as possible)?

2. Should we submit the G-325A, I-693, I-864, I-765 and I-131 in the same packet as well?

3. In the event that we do not receive anything back before September (the no later than stay date on her I-94), should she return back home and wait?

4. How concerned do we need to be about submitting an AOS while she is here on a B2?

Any recommendations or past experiences are welcome. We should have all of the documents in hand to move forward in the next week or so, so I guess the bottom line question is how do we do this the right way? Thanks in advance!

I was in the same situation. I will answer the questions by number:

1. Yes

2. Yes (G-325A is part of I 485; the same I 864 and I 693.) So, what the packet should have: I 130, I 485 (including I 693, G 325A and I 864), I 765 and I 131

3. She should NOT leave before she gets the I 131 (Advance Parole). Once she gets it, she should be able go leave. I send the papers to USCIS in March 3 2009; on March 19 my I 94 expired. I received the AP I 131 in 56 days and after that i left US 4-5 times. I went to Canada 3 times and twice to Mexico and i had no troubles.

4. You should not be concerned at all. Just be prepared that in case it's needed you guys can prove that the marriage was not in your plans before the last entry.

Good luck