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!

[Andis 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!

Well if she is planning to return to her homecountry and wait there for the process to go through, have the interview done at consulate there, then you will want to file right after she leaves. This means that you will need to sent only I-130, and other supporting documents(see the guidelines for the I-130). I think this is the best route and safest way. This will not complicate the process along the way and there is les explanin to do should an issue come up. If she decide to overstay her visa (which I would not recommend) then you'd want to apply for AOS, and send I-485 in the same time with I -130.

If I am not mistaken there is a rule that if you guys got married in less then 30 days of her I-94 entry or arrival date and you decided for her to stay the intent is clear( in the eyes of an IO), otherwise if marriage took place after 90 days then you might have less explaining to make if yu decide to follow the AOS route.

[Mononoke28 134]

If she's going back to her home country she needs to do it before her return date. If you decide to change her status from her B1 visa to permanent residency, you will need to send all forms and she cannot leave the country or she won't be approved. Another, less expensive option would be for you to file the I-130 now so she can interview for her CR1/IR1 visa in her home country and come back using that visa. She will have to go back before September though or she will be penalized for her B1 visa overstay. But this way she'll be able to return, take care of business there and then come back.

Depending on where you live and the US Embassy in her home country, the process can take anywhere from 6-12 months, and you don't have to file after she leaves, you can do it now if you want.

Diana

[Brother Hesekiel 2,235]

Leaving out the whole "intent" issue, as you requested (which is fine with me), there are 2 ways to do this:

1) Get married in the US (yes, please more than 30 days after she arrived), then file the whole AOS package. It will take a few months for her to be able to travel home again.

2) Get married in the US at any time, then have her return home and file the CR-1. It will take between 6 and 12 months before she can immigrate, yet she can visit you again while the application is pending.

If she has a business in her home country, as you stated, and a house, and a dog or cat and plant and all of her stuff, she needs to return anyway to wrap things up, doesn't she? So there is not really and advantage for #1 as far as I can tell.

Edited May 28, 2010 by Just Bob