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Advice needed. AOS on B2/B1?

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Hello I'm new to this forum and this is my first post. Sorry if I appear to ask silly stuff.

The story-> I'm a U.S. citizen. After high school went abroad to medical school. Met my fiancé about 3 years ago while there. We always talked about marriage but I told her I would officially marry her once I get a job. (I'm still currently giving an exam) Since then we have been giving our US boards to practice here.

She came to US to give her U.S. board exam and do internships here on a B2/B1 visa.

Now I've decided to just marry her now and apply for medical training together this year which will eventually lead to a job next year.

However, people have scared me that I can't marry and have her stay here as she is not allowed to do so because she is on a B2/B1 visa and this is considered fraud and she will be deported.

We are both done with medical schools. Done with US boards and are currently in the process of applying to hospitals.

Should I continue AOS or start fiancé/immigration visa from her home country ? I'm just worried these others visa process wait time will disturb her medical career as it is starting.

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What people have been saying this?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Is he an Immigration Lawyer?

Does he have personal experience of this?

Or is he just talking out of his posterior?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Is he an Immigration Lawyer?

Does he have personal experience of this?

Or is he just talking out of his posterior?

Hahaha. I think he overthinks too much. And now got me thinking also. He gave me a lot of "what ifs". So I thought I'd discuss it with people who are going through this or something similar. That's why I'm here.

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You are in the right forum, plenty of people have gone before you. You can read their stories.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Internship on a B2?


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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It's fraud only if intent to immigrate prior to entering the US on a B2.. and if the marriage is a sham just to obtain immigration benefits.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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It's fraud only if intent to immigrate prior to entering the US on a B2.. and if the marriage is a sham just to obtain immigration benefits.

She came to give her US board exam. It's only conducted in the US. At that time we didn't even think about marrying this soon. And it's a real, not a sham. I'm not even worried about that. We've been together for years.

I'm was only worried about intent. So is this a green light for me to proceed? Any opinions/concerns are welcome.

And should I also consult an immigration lawyer?

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Doubt you will have any issues.

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

You can consult an immigration attorney if you wish; I don't think it's likely they'll tell you anything different.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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She came to give her US board exam. It's only conducted in the US. At that time we didn't even think about marrying this soon. And it's a real, not a sham. I'm not even worried about that. We've been together for years.

I don't see any issues based on the above.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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in my opinion go for it...its about the intent when she first entered the US...intention at POE was to take the exam , circumstances changed and now you guys wana get married.


Day 11/14 Mailed AOS Package

Day 11/16 AOS Package Accepted

Day 11/20 Received Text with receipt numbers

Day 11/21 Checks cashed

Day 11/26 -Letter for Biometrix - its on 12/20

Day 12/20/ went to do biometrics, turn away as wife has a cut on thumb - will try to walk in next week

Day 12/28 - bio metrics done ! - walked in San Diego as we were visiting my in laws.

Day 1/4/2013 - received text/email that case is ready to be scheduled for interview !

Day 1/15/2013 - received hard copy letter to let us know interview is on 2/12 !

Day 1/17/2013 - received text/email that EAD has been approved

Day 1/26/2013 - received EAD card

Day 2/12 - interview done - approved on spot!

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in my opinion go for it...its about the intent when she first entered the US...intention at POE was to take the exam , circumstances changed and now you guys wana get married.

Immigration intent does not matter when an Immediate Relative of a USC adjust status after entering on a nonimmigrant visa. Look up Matter of Batista and Matter of Cavazos.

Edited by aaron2020

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She came to give her US board exam. It's only conducted in the US. At that time we didn't even think about marrying this soon. And it's a real, not a sham. I'm not even worried about that. We've been together for years.

I'm was only worried about intent. So is this a green light for me to proceed? Any opinions/concerns are welcome.

And should I also consult an immigration lawyer?

Hi,

Ignore all the naysayers. Look up Matter of Batista and Matter of Cavazos. USCIS can not deny the adjustment of an Immediate Relative of a USC for having the intent to immigrate. It's a nonissue.

You do not need a lawyer. There is nothing special about your case. It's similar to lots of people.

Here is the problem. It's immigration fraud to enter to US on a nonimmigrantLook visa with the intent to adjust and immigrate. Asking about this before entering will get you a ban on VJ for violating the TOS. However, once she crossed the border, it's no longer about helping her cross but helping with the laws concerning adjusting status, so it's okay to give advice about immigrant intent not being an issue and this no longer a VJ TOS violation. You are in the latter camp.

You do not have any problems related to immigrant intent.

Best of luck

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