B1/B2 Visa > AOS through Marriage

[2brnot 0]

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 January 10, 2017 by 2brnot

[geowrian 22,335]

1. Same as anybody else applying for AOS through marriage.
2. Same as anybody else applying for AOS through marriage (again). 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.

[Brit1 54]

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?

[Boiler 43,359]

Sounds pretty simple and straightforward.

[Tejas Cielo 0]

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!

[geowrian 22,335]

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?

[Transborderwife 4,666]

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