KIG0

This is correct. Although there is anecdotal evidence that some IO's still use the 30/60/90 day rule to determine how much scrutiny to give an AOS application, they cannot deny solely for preconceived intent. They would need evidence of the intent, as well as evidence the applicant lied about their intent to an immigration officer.

KIGO, what the lawyer is advising is what he perceives as the path of least resistance. The subject of her intent at the time she entered might come up at the interview. Just be honest and it shouldn't be a problem.

Thanks all. We are going to another lawyer today (in 15 minutes actually) to ask about this.

I feel like we are doing everything by the book, despite possibly getting married too quickly. If we submit a normal AOS, and when we get interviewed, what is the chance that my wife will not be approved? Does anyone have experience with this?

Situation

Myself: U.S. Citizen

Wife: Japanese National. Came to U.S. on J1 visa in 2007 and received a masters in education. Extend visa in 2009 for 18 months to work. No restrictions on Visa. Visa expires on December 31, 2010.

She has continuously lived in the U.S. since 2007, though has left multiple times for holidays. We currently live together in the U.S. She visited Japan for a week in early October. When she returned, I proposed to her and we were married in mid-October.

We completed our AOS, and are ready to mail it. We met with a lawyer yesterday to verify everything was in proper order, and he says that immigration officials will see my wife's last entry into the U.S. as an intent to marry. He says we should have waited 90 days after her arrival to get married.

Now he says we have two options. 1) She returns to Japan and we go through the consular process. Or 2) we file paper work demonstrating I will have hardships without her being physically present.

Is his advice accurate? This is frustrating. If we had known, she either would not have gone on vacation, or we would have delayed the marriage for 90 days.

since she is in USA on a valid visa, and of the 'right visa type' -

can file 'adjustment of status' case after marriage - no need to 'apply for visa'

please review http://www.visajourney.com/content/i130guide2

caveat - not leave USA, from filing date till greencard in hand.

Good Luck !

Thanks Darnell - So to be clear, when filing an 'adjustment of status', she is allowed to stay in the U.S., even though her J1 visa will have expired?

Hi - First time poster. I've read through the intro guides, but need help with strategy.

Situation

Couple: Will get married. Dating since they met in Japan four years ago. For the past three years they have lived in the U.S. For the past year, both have lived in the same apartment, with the lease in both names.

He: U.S. Citizen

She: Came to U.S. on a student visa and received a masters. After, received a J1 visa which expires on December 31, 2010.

Goal: Our life is in the U.S. We both have jobs and friends here. We are looking for the option the will allow her to stay or return to the U.S. in the fastest way possible.

Strategy

We see two options.

1) Get married today: It sounds like spouse visas take considerable time. Will she still have to leave the country at the end of the year?

2) Apply for a fiancee visa: We would apply through the consulate in Japan. How long does this take? About 5-6 months? If we file today, she would probably be stuck in Japan for at least a couple months?

What would the posters here recommend as a strategy to follow?

Thank you and will post on the K-1 forum as well.

-KIG0

Hi - First time poster. I've read through the intro guides, but need help with strategy.

Situation

Couple: Will get married. Dating since they met in Japan four years ago. For the past three years they have lived in the U.S. For the past year, both have lived in the same apartment, with the lease in both names.

He: U.S. Citizen

She: Came to U.S. on a student visa and received a masters. After, received a J1 visa which expires on December 31, 2010.

Goal: Our life is in the U.S. We both have jobs and friends here. We are looking for the option the will allow her to stay or return to the U.S. in the fastest way possible.

Strategy

We see two options.

1) Get married today: It sounds like spouse visas take considerable time. Will she still have to leave the country at the end of the year?

2) Apply for a fiancee visa: We would apply through the consulate in Japan. How long does this take? About 5-6 months? If we file today, she would probably be stuck in Japan for at least a couple months?

What would the posters here recommend as a strategy to follow?

Thank you and will post on the K-3 forum as well.

-KIG0