Some advice on my unusual situation

[FattieBanton 35]

This information was on the I-129f page but i'd like some thoughts from posters here as i'm totally confused now.

 

1 - I am an American, met my beneficiary in Kenya 6 years ago and we've been living together since then. We have two children together. They have american birth certificates and passports issued by the US Embassy that list her as the mother. We are not married.

 

2 - I came back to the US last year to seek employment and had begun filling out the I-129 paperwork to get her over here.

 

3 - As i'm finalizing the paperwork, the covid-19 pandemic happens and everything sort of comes to a standstill for a minute. In the midst of all that, the US Embassy organizes an evacuation flight for all US Citizens in Kenya. My children are to be on the flight, but they're 4 and 1 so they need an escort. I ask the embassy if a non-citizen can get on the flight, and given the circumstance, they make an exception for her. They give her a b1/b2 visitor visa in a particularly unusual way. No wait for the interview, in fact the embassy was closed and they opened it that day just for her (at 8am appointment, by 12 noon when she went back to pick her passport all embassy employees were on their own chartered flight back, local staff did the rest of her paperwork). She didn't have to pay for it and was maybe asked one or two questions. Anyway, she got a visitor visa.

 

4 - April my beneficiary and two kids touch down in America and we're all together again. So recently i revisited by I-129 paperwork to finalize it and update the recent events of her coming over. I post my story to the I-129 forum here and immediately several people recommend i toss that idea , get married, and file for I-130 and then AOS.

 

5 - To me this would be awesome for many reasons, but i have my concerns. We legitimately wanted to do the normal I-129 process, but the covid19 scenario led us to where we are now: physically together in the US. I would very much like to get married right away, but i'm concerned that USCIS will think we tried to pull a fast one on them and that they'll see this as some sort of visa fraud. Are my concerns legit or not? What can you guys advise given how odd this whole thing is? I was always under the impression that marriage on a visitor visa (to someone you already knew, not met and fell in love with) is a big red flag to USCIS. 

 

Thoughts?

[JFH 12,189]

Not an issue at all. Many of us mentioned this on your previous thread. We have a whole section of this forum devoted to this topic purely because it’s legal and perfectly acceptable in circumstances such as yours. On this website we do not permit anything that discusses illegal avenues of coming to America. If there’s information about it here, and you meet the criteria, it’s legal. 
 

I also got married as a tourist. We had been dating long-distance for 2.5 years. I even had my wedding dress with me at POE. I visited my now-husband over 40 times before I moved here. Our wedding was probably visit number 25 or something. 

[Allaboutwaiting 2,500]

I think your case is exactly the kind that AOS from a tourist visa applies to perfectly -a textbook case-.

It is a string of unforseen circumstances that led you to take the decision, there was no intent. 

 

I strongly suggest you to marry and adjust status. In my view, there is no red flag. 

Edited July 1, 2020 by Allaboutwaiting

[JFH 12,189]

I’m going to ask that your threads be merged. We don’t like to have multiple threads from the same person on the same topic as it reduces visibility of other questions from other posters. We can keep all of your questions on the one thread. 

[Crazy Cat 39,256]

17 minutes ago, FattieBanton said:

I would very much like to get married right away, but i'm concerned that USCIS will think we tried to pull a fast one on them and that they'll see this as some sort of visa fraud. Are my concerns legit or not?

Your concerns are unwarranted. There is no issue if there was no intent to stay and adjust when she entered via the B2.  She should file the I-485 package before her B2 stay expires.....good luck....

[pushbrk 12,114]

Go ahead and marry then adjust her status.  No worries in this situation.

[Ontarkie 13,917]

~~Thread moved to AOS From Work, Student and Tourist Visas, from IR1/CR1 P&P as the OP is asking about AOS'ing~~

~~The OP's other thread is locked in favour of this new one.~~

[SteveInBostonI130 3,319]

As other's have said, there is no issue, in your case, to marry and file for adjustment of status.

 

Step 1.  Get married.  You will need your marriage certificate to file the I-130.  

 

Step 2.  Transcribe the information you have prepared on the I-129F to the I-130 and I-485.

 

Step 3.  Add her to your lease, bank account, health plan, insurance, etc.  Not required but helpful, especially health insurance.

 

Step 4.  Have you wife get vaccinated with all required vaccines (I believe it is necessary for I-485 - not sure because we did not go that path .  It was necessary for consular I-130 process) 

 

Step 5.  Submit the I-130.  Two differences between I-130 and I-129F is

              a) Marriage Certificate, and

              b) evidence of bona-fide relationship.  The relationship evidence from I-129F that you prepared, plus information from Step 3, and the fact that you have children together should be more than enough.

 

Step 6.  Submit I-485 (with associated forms)

 

 

NOTE:  For Step 1, I assumed you have proposed to your GF and she said yes?  If would be kinda awkward if this hasn't happened yet.

 

[Sparkle Sparkle 913]

One of the best situations I have seen to Adjust status 

[retheem 553]

Assemble all the documents.  Go the AOS way. She is here already. Your family is here. As in...just do it. And...don't forget to apply for EAD and Advance Parole.

 

This is one of the best stories i have heard. When God is on your case, standard operating procedures become irrelevant.

[FattieBanton 35]

Ok so we got married on Friday and certified on Monday. Here goes

 

 

first of all... DAMN!!!!!! The paperwork for I-130 make I-129 look like kindergarten work.

 

This is a list of forms so far:

 

1.  I-130 - petition for spouse

2. I-130a - spouse supplementary info

3. I-485 - application to adjust status

4.  I-864 - affidavit of support

5. I-944 - declaration of self-sufficiency

6. I-539 - extension of visa stay

 

 

This is something like 100 pages of paperwork. My head hurts just looking at the stack. Am I on the right track? Are they all necessary. Is there one i'm missing? Submit all at once? What's the order of operations on all this.

[Sparkle Sparkle 913]

37 minutes ago, FattieBanton said:

I-539 - extension of visa stay

Congratulations on your wedding and graduation to I-130. But am not sure you should be filling  I-539,will allow some other experienced members to chip in

[FattieBanton 35]

fyi, her 6 months is up october 22nd

[Villanelle 4,121]

You can apply for the extension but its not really needed. Basically as a USC theres no issue for her AOS re overstay. Once you file and get the NOA she is going to be in a period of authorized stay. So she can stay after her B expires until the AOS is completed. BUT lets say she decides to leave and NOT complete AOS. Why? You break up. She gets homesick. Tons of reasons why people leave. I dont think any would occur, you guys have kids and are both committed to your family and a life together here in the US- but if she did want to leave it becomes complicated in calculating overstay since she had filed an AOS package. Filing and getting an extension approved ensures that she wont have any issues using the B in the future. Again she is probably not going to abandon the AOS and be using the B in the future so theres no need to file an extension to ensure it can be used. So you can file it if you want . Its not going to impact her AOS. It will ensure she can use the B again if she abandons the AOS.

[milimelo 4,205]

Also no need for I-944 as a judge put a stop on it.