Jump to content
2brnot

B1/B2 Visa > AOS through Marriage

7 posts in this topic

Recommended Posts

Hello Everyone, 

 

My Fiance is currently in US on B1/B2 tourist visa (we've got engaged few weeks ago). This is her second visit on tourist visa. Her visa expires end of the February. 

We are either planning on getting married within few weeks and EITHER apply for CR-1 visa OR apply for AOS before her visa expires.

 

A little background: I am USC, and we have actually met online 2.5 years ago. She applied for B1/B2 visa in her country of residence and got approved (the application had my address of where she would be temporary residing on arrival to US)

We have evidence of traveling together while she was in US during her first and second stay. She left to her country before tourist visa expired and arrived to US again in 6 months for another 6 month stay (current)

 

During the the 2.5 years we have talked to each other, via telephone, chat, etc I have visited her few times as well, and we have traveled together as well. My concern is that she hasn't initially met me while in US. Technically speaking if it wasn't for me, she wouldn't be here. But the important matter is that we do travel few times a year, because that is what we love to do (the main purpose of the b1/b2 visa)

 

I have few questions:

1. What are our chances of AOS being approved? I am scared of the application being denied during interview for the visa fraud because we have known each other for pretty long time, but each entry to US was mainly to travel together. When i surprised her with engagement few weeks ago, and when i did i  knew we are meant for each other. 

2. How do you prove on AOS application that this marriage is bona fide in our particular case?

3. Do we need a lawyer for this specific situation? I mean, would he be of help?. We can pretty much fill out every form and provide packet info on our marriage on our own.

 

Thanks for all your help.

Edited by 2brnot

Share this post


Link to post
Share on other sites
  1. Same as anybody else applying for AOS through marriage.
  2. Same as anybody else applying for AOS through marriage (again). :P Just follow the same guides and use the same types of proof.
  3. Same as anybody else applying for AOS through marriage (again). Generally, no. Most cases can be done yourselves without any lawyer involved.

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

Congratulations! 

 

Proving a bonafide relationship is likely tougher for someone on a visitor visa, since they won't have a social and so can't be added onto a lease/bank account/insurance. I'd say take lots of photos and keep evidence of trips.

 

When she applied for the B visa did they ask about you (I'm guessing yes if she put down your address)? I'm hoping she told the truth in her interview?

Share this post


Link to post
Share on other sites

Sounds pretty simple and straightforward.


“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.”

Share this post


Link to post
Share on other sites

Greetings! I am a USC and am in an almost identical situation except my fiance has had a B1 for 10 yrs or so but we actually met in Her country. She came here a few months ago listing the reason to see family and friends, which she did, but has spent much of the time with me. She will go back soon before her I94 expires and then she plans to obtain another I94 in a month or so, come here and we will be married in several months.

2 immigration attorneys have told us now they see no reason why that plan will not work just fine and she should get her AOS with no problems. They said the important thing is to be sure that there is another legitimate reason she is entering the country again this next time and its clearly not for the purpose of marrying. They said by waiting 2 months or more after entering, that should be sufficient and of course list a valid other destination for this next trip. 

Surprisingly, both attys even advised that another option would be to just not return when this current I94 expires and then get married and file the AOS. That would forego any possibility of her being denied for the next time which doesnt seem likely but is always possible.  But Honestly I would be very nervous about doing that! 

My main question is about the relatively short time between the time she turns in her current I94 and then requests another one (maybe around 40 days). Her friends say this will not be a problem but no one can actually cite an example of  someone doing this in this short of a time. She will have airline tickets in hand though. Anyone experienced this or have any comments?   Thanks!

Share this post


Link to post
Share on other sites
3 minutes ago, Tejas Cielo said:

Greetings! I am a USC and am in an almost identical situation except my fiance has had a B1 for 10 yrs or so but we actually met in Her country. She came here a few months ago listing the reason to see family and friends, which she did, but has spent much of the time with me. She will go back soon before her I94 expires and then she plans to obtain another I94 in a month or so, come here and we will be married in several months.

2 immigration attorneys have told us now they see no reason why that plan will not work just fine and she should get her AOS with no problems. They said the important thing is to be sure that there is another legitimate reason she is entering the country again this next time and its clearly not for the purpose of marrying. They said by waiting 2 months or more after entering, that should be sufficient and of course list a valid other destination for this next trip. 

Surprisingly, both attys even advised that another option would be to just not return when this current I94 expires and then get married and file the AOS. That would forego any possibility of her being denied for the next time which doesnt seem likely but is always possible.  But Honestly I would be very nervous about doing that! 

My main question is about the relatively short time between the time she turns in her current I94 and then requests another one (maybe around 40 days). Her friends say this will not be a problem but no one can actually cite an example of  someone doing this in this short of a time. She will have airline tickets in hand though. Anyone experienced this or have any comments?   Thanks!

Welcome.

 

1) Please create a new topic.

2) Sorry, but what your attorneys advised her to do was commit visa fraud. It is fraud to enter the US with a non-immigrant status with the intention to stay and file AOS. Your situation is not the same as the OP...your fiancee is intending to enter the US for the purpose of staying within the US. You need to either marry and file for AOS before she leaves, or get a K-1 visa to marry in the US, or get married (anywhere) and then file for a CR-1.

3) They recommended she overstay as well? That's...ugh. They are recommending she do something else clearly illegal. What in the world is up with lawyers nowadays? They just hope people don't get caught taking their advice?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
On 1/9/2017 at 11:34 PM, Brit1 said:

Congratulations! 

 

Proving a bonafide relationship is likely tougher for someone on a visitor visa, since they won't have a social and so can't be added onto a lease/bank account/insurance. I'd say take lots of photos and keep evidence of trips.

 

When she applied for the B visa did they ask about you (I'm guessing yes if she put down your address)? I'm hoping she told the truth in her interview?

 

 

None of this is relevant if Aosing from a tourist visa.  OP you only can offer what you have and things like bonifide proof financially isn't that important until RoC in a couple of years 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×