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Filed: Country: United Kingdom
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Posted

i recently posted about my situation with my fiance. he was here on a B2 visa and filed for an extention just before his I-94 expired. he did this so we could better assess the sitiation as things happened suddenly for us and we felt like we needed more time together to know what we wanted. his status is currently pending on that extention.

well, now, we have decided that the thought of being separated is unbearable. obviously, if he must legally return home then any period of separation we must endure will be worth the life we will spend together, however we want to exhaust all other options before resotring to long term separation. we talked to my dad and here is the current problem...

my dad gave us his blessing to be together, but he thinks we are taking a big risk to get married and adjusting status. he thinks it will "throw up red flags" and look like a fradulent marriage. we know it isn't, but will the government think so just because his status is pending?

he hasn't done anything else that could constitute as being against his visa conditions.

Filed: Citizen (apr) Country: China
Timeline
Posted

The question is what was intent before entry? If just friends with no intention to marry before entry, you probably could just marry now, and file for AOS by filing I-130 and I-485 together, even if your fiancee overstayed the B-2 it would be forgiven upon AOS approval.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

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Filed: Other Country: China
Timeline
Posted
The question is what was intent before entry? If just friends with no intention to marry before entry, you probably could just marry now, and file for AOS by filing I-130 and I-485 together, even if your fiancee overstayed the B-2 it would be forgiven upon AOS approval.

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

I concur. Your father's concerns are valid but there is plenty you can do to overcome those concerns with evidence of a bona fide ongoing relationship. Actually living together as husband and wife with comingled finances goes a long way in that regard.

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