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!
B1/B2 Visa > AOS through Marriage
in Adjustment of Status from Work, Student, & Tourist Visas
Posted
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!