AOS after marriage abroad

[Anil2013 5]

Hello,

This is my first time posting in this forum. A friend of mine (US citizen) married a South African national recently. She has come to the US a few times using a multiple entry B2 visa. He has been looking into possible ways to bring her here. Based on what I read here, I assumed his best path was to file for an IR-1/CR-1 as soon as possible.

His wife is planning to visit him in a month's time. He feels that it is a better strategy to file for the I-130 and AOS concurrently after she gets here. He is not clear on the rules of visa fraud though. Looking through the posts here, I have been getting mixed views. Some say it is routinely done and should not be a problem as long as it is a bonafide marriage. Others say that the foreign spouse would have established immigration intent by marrying the US citizen, so the AOS is out of question.

Can someone explain this to me? Is my friend correct in trying to file for the I-130 and AOS concurrently?

Thanks.

[Penguin_ie 6,000]

He is planning this before she comes here, thus it would be visa fraud (using a visitors visa with intent to immigrate).

[Boiler 47,487]

He should talk to a Lawyer, not an issue that can be addressed on this forum.

[lost_at_sea 995]

I'm pretty sure their only course of action is to file the I-130 while the non-USC remains abroad. This is the guide for that: http://www.visajourney.com/content/i130guide1

As they are already married, coming on a tourist visa with intent to file and then adjust status would be fraud and would not work.

What sometimes happens is people arrive *unmarried* on a tourist visa and have a marriage in the USA, file the I-130 and AOS and it works (so long as they can prove it was spontaneous and they did so without the non-USC having intent to marry and stay), but as they are already married that door is closed to them.

[Boiler 47,487]

Many people who are married enter as a Visitor and have adjusted.

[lost_at_sea 995]

Many people who are married enter as a Visitor and have adjusted.

How do they disprove intent?

[Boiler 47,487]

How do they disprove intent?

No need.

[Anil2013 5]

Thanks for all the replies.

How do they disprove intent?

This is a question I have as well. One of the replies was that this was a clear indication of visa fraud. Then another reply says that many have adjusted their statuses this way.

I understand there is no right answer. But I am curious.

[lost_at_sea 995]

No need.

Well, I'm glad we had this informative chat.

Good luck, OP!

[newacct 688]

He is planning this before she comes here, thus it would be visa fraud (using a visitors visa with intent to immigrate).

It doesn't matter what he plans. It's what she plans that matters.

Others say that the foreign spouse would have established immigration intent by marrying the US citizen, so the AOS is out of question.

Not true. Marrying a U.S. citizen is independent of intent to immigrate.

How do they disprove intent?

For example, if they have evidence of strong ties to the home country, return tickets, etc; and then they also have evidence of something unexpected that changed their mind while here, e.g. found out spouse is pregnant.