Questions about AOS Documents

[nsull527 6]

This forum has been incredibly helpful so I'm back with a few questions.

 

My boyfriend is Irish and here on a J1 visa. We are getting married at the courthouse on Friday, so I am getting started filling out the paperwork now. Some info:

 

- He came to the US on a Irish Graduate Visa (J1) In November and we immediately started living together.

- His Visa does not have a 2 year requirment. 

- His Visa will expire on April 3, followed by a 30 day grace period.

 

My questions are basically wondering if there's any way our AOS could be interpreted as fraud. We 100% did not plan to get married when he first came over here, but now we are. He said in his Visa interview for the J1 when asked if he knew anyone in the US he said no (I don't know why he did this, I think he was nervous). Would that be a red flag?

 

I am beginning to fill out the paperwork from this link: https://www.visajourney.com/content/i130guide2. The following line is giving me pause:

 

J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

 

Is this something I should be worried about, or is this in reference to the 2 year requirement?

 

Thanks so much in advance for any advice. General advice for going through the process is also extremely helpful. Thank you!

 

[eckoin 211]

2 hours ago, nsull527 said:

This forum has been incredibly helpful so I'm back with a few questions.

 

My boyfriend is Irish and here on a J1 visa. We are getting married at the courthouse on Friday, so I am getting started filling out the paperwork now. Some info:

 

- He came to the US on a Irish Graduate Visa (J1) In November and we immediately started living together.

- His Visa does not have a 2 year requirment. 

- His Visa will expire on April 3, followed by a 30 day grace period.

 

My questions are basically wondering if there's any way our AOS could be interpreted as fraud. We 100% did not plan to get married when he first came over here, but now we are.

Assuming that you have ample evidence of the bona fide nature of your marriage, you're totally fine. I moved in with my now-husband the day I got my last TN, even though we weren't dating and I intended to crash at his place while looking for my own. Never left. My TN was also expring when we applied--had about 4.5 months left on it, and it expired before our interview. Never was brought up, though I was also worried that they'll think I was committing fraud by entering on a temporary status and immediately moving in with a US citizen. Total non-issue in the end. 

 

2 hours ago, nsull527 said:

He said in his Visa interview for the J1 when asked if he knew anyone in the US he said no (I don't know why he did this, I think he was nervous). Would that be a red flag?

They don't keep those kinds of records. It's silly, but frankly, it could have potentially cost him his entry if he said yes, my girlfriend. Not great to lie, don't get me wrong, but it will not come up. 

 

2 hours ago, nsull527 said:

I am beginning to fill out the paperwork from this link: https://www.visajourney.com/content/i130guide2. The following line is giving me pause:

 

J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

 

Is this something I should be worried about, or is this in reference to the 2 year requirement?

I believe that's in reference to the 2 year requirement. I think you're able to get a form that says, "there is no 2 year requirement" to make it easier. Do you have that? 

 

2 hours ago, nsull527 said:

Thanks so much in advance for any advice. General advice for going through the process is also extremely helpful. Thank you!

 

 

[p-ana 933]

They do keep records of what people answer in their visa interviews. 

It has happened to people going through consular processing to be asked why the omission, as it can be seen as a misrepresentation. Not sure or haven’t read anything about that happening in aos interview though. 

 

[eckoin 211]

3 minutes ago, p-ana said:

They do keep records of what people answer in their visa interviews. 

It has happened to people going through consular processing to be asked why the omission, as it can be seen as a misrepresentation. Not sure or haven’t read anything about that happening in aos interview though. 

 

OP, sorry, I misread as an entry interview with CBP. They definitely don't write this sort of thing down. 

 

Visa interview I'm not very familiar with. Of course they keep records of your answers, not sure if this is something they'd write down or not. Makes sense if they did, makes sense if they didn't. 

 

Doesn't hurt to have an answer prepared in advance, but I'm 90% positive that's something that will not come up in the AOS interview. The focus is your application forms and your marriage, not really reviewing your previous visa notes. But be prepared anyway.

[nsull527 6]

@eckoin @p-ana thank you both for your responses. We do have the visa form that explicitly says there is no two year requirement, so that is comforting. As for asking the "do you know anyone in the US" question, it was asked during his j1 visa interview in Belfast. I'll be prepared if they do eventually ask us, but it's good to know that it most likely won't be a problem. A big thank you to you both. I'm sure this wont be my last time on this forum with questions  You're all so helpful.