Girlfriend visiting on B1/B2 visa but due to the new rules from Oct 15, can we get married and do AOS?

[minnie_mouse 12]

1 hour ago, HWorld said:

AoS is what I want, actually. We don't want to live far apart any longer and if she goes back and waits for consular processing, it's going to be another 1-1.5 years of waiting. 

 

Also, she will only be studying for her professional licensing exams during this time. She does not plan to work or drive for next 8-10 months any way even if she could. 

If you indeed plan on the AOS route, then I agree that marrying before the 90-day MAY likely trigger them questioning your girlfriend's intention when last entering the US (i.e. immigrating vs. visiting). Even though this not a definite rule, as mentioned above, it is a DOS guideline that can be applied when analyzing the entire facts and basis of your case. Also consider that once the AOS is filed, she won't be able to leave the US until her parole is granted, so you should check how that timeline is currently as well.

[Rose711 35]

4 hours ago, HWorld said:

AoS is what I want, actually. We don't want to live far apart any longer and if she goes back and waits for consular processing, it's going to be another 1-1.5 years of waiting. 

 

Also, she will only be studying for her professional licensing exams during this time. She does not plan to work or drive for next 8-10 months any way even if she could. 

I think some people were giving you advice based on the idea you would marry and she would return for consular processing.

 

Marrying a few days into a visit is just something you will have to explain.  My opinion is you will be questioned about why you married so quickly after a second visit. 

 

I dont know what state you are in but can you get married and have the documents you need to submit done in about a week? The rules take effect on the 15th means you need to have the document receipt no later than the 14th. 

 

I havent counted out the days but you should look look very closely at what is physically possible. Do you need a birth certificate for her to get a marriage license? Do you have it?

 

How is her family going to react to this and yours? 

 

 

Edited October 6, 2019 by Rose711

[HRQX 4,145]

19 minutes ago, Rose711 said:

than the 14th.

The 14th is a federal holiday and the 13th is a Sunday.

[NikLR 13,220]

She cannot be denied AOS based on intent alone, it doesn't matter how suspicious it looks. 

 

However I agree with the poster that asked if you were wanting to get married now anyhow? Would no rule changes make you want to marry RIGHT NOW?

Edited October 6, 2019 by NikLR

[Rose711 35]

43 minutes ago, HRQX said:

The 14th is a federal holiday and the 13th is a Sunday.

So what day do they need to submit the documents at the very latest? 

[Duke & Marie 1,389]

20 hours ago, Villanelle said:

You should not make life decisions based on immigration policies. Rather it is best to live you life the way you want and deal with the policies that apply at that time. Are you ready to marry>? If there were no rule changes upcoming would you still get married right now? 

100% behind this statement... 

 

AOS is not something to take lightly, nor make snap decisions about... you really need to think this through... processing these days has been pushed out.. be prepared for delays in work authorities and potentially a bunch of other issues with insurance, banking, driver licences etc whilst approval is pending..

 

Dont forget to look at your other immigration options... K1, CR1, K3... all 4 routes have their advantages and disadvantages weigh up your options and choose the right one for you.. 

 

policies will always change, and there is nothing in recent months or upcoming processing that’s overly concerning... especially given she’s already a graduate...

[Duke & Marie 1,389]

13 minutes ago, Rose711 said:

So what day do they need to submit the documents at the very latest? 

I’m pretty sure, they have to have received it prior to the 11th Friday... they don’t work weekends and the 14th is a holiday..

 

Is this physically possible?, unless youve arleady applied for the marriage licence etc have all the forms filled will all the evidence I’m not confident they would have received and accepted application prior to 15th 🤷‍♀️

Edited October 6, 2019 by Duke & Marie

[DylanandLaura 46]

Realistically, to get it postmarked before the 14th, you need to send it on the 11th. There is too much risk sending it on the 12th because if some USPS worker decides to take it easy on a Saturday heading into a holiday, your petition could be rejected at the USCIS and you would need to fill the new forms (I-944, New I-864). Don't forget Monday the 14th is a Federal holiday and USPS is not open. I had this discussion with someone in a similar situation today, your drop-dead date should be Friday the 11th to send all the documents. Best of luck with your life decisions, they are very difficult to make on such short notice and you may be better waiting to make a clear minded life altering decision. My friend decided to wait, it was too much to fast to marry and send all the required documents, you might consider doing the same. 

[HRQX 4,145]

15 minutes ago, Duke & Marie said:

I’m pretty sure, they have to have received it prior to the 15th..

It says postmarked before the 15th: https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility Unclear how they'll calculate it for FedEx, UPS, and DHL deliveries.

[HRQX 4,145]

1 hour ago, Duke & Marie said:

Dont forget to look at your other immigration options... K1, CR1, K3...

Note to OP on the K-3: The K-3 is rare. This past fiscal year* only five K-3 visas were been issued worldwide. 1 in Tegucigalpa: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/October 2018 - NIV Issuances by Post and Visa Class.pdf Page 95

4 in Ciudad Juarez:

• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JANUARY 2019 - NIV Issuances by Post and Visa Class.pdf Page 26
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/APRIL 2019 - NIV Issuances by Post and Visa Class.pdf Page 24; Beneficiary was a Venezuelan national
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/JUNE 2019 - NIV Issuances by Post and Visa Class.pdf Page 26
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/AUGUST 2019 - NIV Issuances by Post and Visa Class.pdf Page 26

*Monthly statistics are not yet available for September 2019.

Edited October 6, 2019 by HRQX

[Rose711 35]

12 hours ago, NikLR said:

She cannot be denied AOS based on intent alone, it doesn't matter how suspicious it looks. 

 

However I agree with the poster that asked if you were wanting to get married now anyhow? Would no rule changes make you want to marry RIGHT NOW?

If no one ever gets denied because of intent, then why is there such concern about it? 

I’m asking because it seems there is so much emphasis on intent. 

If it isn’t an issue I’m sure many legitimate couples wouldn’t be so  concerned about marrying on a tourist visa. Every article I’ve read says not to marry so quickly, but they don’t list cases showing denial for marrying within a few days of entry. 

 

My understanding generally is that getting married within a few days of entry on a tourist visa is going to be questioned closely. Is that incorrect?

Edited October 7, 2019 by Rose711

[NikLR 13,220]

58 minutes ago, Rose711 said:

If no one ever gets denied because of intent, then why is there such concern about it? 

I’m asking because it seems there is so much emphasis on intent. 

If it isn’t an issue I’m sure many legitimate couples wouldn’t be so  concerned about marrying on a tourist visa. Every article I’ve read says not to marry so quickly, but they don’t list cases showing denial for marrying within a few days of entry. 

 

My understanding generally is that getting married within a few days of entry on a tourist visa is going to be questioned closely. Is that incorrect?

Intent cannot the the primary determination. It's possible to be denied due to a misrepresentation to CBP at entry. 

Intent is important due to a) your intent before you visit (if you intend to commit visa fraud) b) your answers to CBP upon entry and c) the rest of your life.  If you lied and had intent that is misrepresentation and if caught they can remove all immigration benefits and have a lifetime ban.  But there has to be some evidence supporting the fact you committed misrepresentation. 

 

Questioned =/= denial. Don't want quesions? Don't do any immigration.  I was asked why my in-laws and my husband's friends weren't at our wedding. It's not like he was there to explain it either. With immigration comes many awkward and often personal questions.  People have been asked about the last time they were intimate with their spouse and if they used protection.  Its a privilege not a right. 

 

[NikLR 13,220]

If you have an answer on why you decided to get married 2 days after arrival then why is it an issue if immigration asks why?

[Rose711 35]

Well yes, I understand about misrepresentation is the reason why intent matters. 

 

I had assumed there were at least some cases where adjustment of status was denied based on intent. Doesn’t seem to be the law  at all.

[Crazy Cat 39,260]

4 minutes ago, Rose711 said:

I had assumed there were at least some cases where adjustment of status was denied based on intent. Doesn’t seem to be the law  at all.

I can recall only one case where an AOS denial was related to intent.  But that was because of misrepresentation from a discussion the new immigrant had with CBP during a secondary interview at POE.   Generally, intent is determined by CBP at the time of entry into the US.