AOS interview--marriage on tourist visa

[Seosamh1968 0]

Hi all,

Thanks to everyone for posting so much useful information on VisaJourney. I am posting because we have an upcoming interview, and we are a bit nervous.

Our situation is this: my lovely wife and I were married on November 9, 2007, after she had arrived in the U.S. on September 17, 2007. She came on a 6-month visa waiver--she is Italian and has an extended visa waiver in her passport.

She was pregnant and intended to return in a few months to Italy, where she has a trusted doctor and family, and where she would have the baby. Her return plane ticket was for December 15, 2007.

BUT, things changed. After we were here for almost two months, we realized that we didn't want to be apart during her pregnancy. So, in order to afford the big doctors bills (we had already paid out of pocket for a doctor's visit, blood work, and a scan) we needed to get married early and put her on my insurance. She is not working and won't be working until the baby is older.

We filed for AOS on January 31, 2008 (with its accompanying forms), have done the medical, the biometrics, and have just received an interview date in the end of April!

We are also planning on going to Italy and staying for a year after the baby is a few months old. (The baby is due a week before our interview!) Our original plan was to get married in Italy--instead we went to City Hall. Not as romantic but just as full of love.

My question is this--will the fact that she was not on a fiance visa hurt our chances? She did not enter the country with the intent of marrying (nor to work), but things changed once she was here. I've read up on the regulations, and it seems to me that we should be all right. . . . Am I missing something?

Also, will we be able to travel if approved?

We know it would have been better to do it another way, but this is how it unfolded for us.

Any thoughts would be appreciated. Thanks!

Seosamh

Edited March 19, 2008 by Seosamh1968

[Ovaltine Jenkins 5]

I don´t know if it´s gonna cause you more problems or not since I don´t have that experience but she didn´t have the intentions so I guess it should be alright. You will see. Wish you good luck and let us know how it went

[Kez/JWolf 6]

As long as your now wife did not have intent to remain when she entered the US you should not have any major issues.... many of us have filed for AOS from a VWP and have been approved at interview, myself included... I was not asked anything at my interview about my intent on entry, not many people are, but you should be prepared just incase they do... dont lie about anything just explain what happened to make you change your mind.... you should be fine..

As for traveling after the baby is born and your wife has her greencard... be very careful yes you can travel outside the US but you must keep your residence here in the US... if the USCIS think you have abandoned your residence then it does not matter how long you are gone the can and will revoke your greencard... you should try to keep any trips shorter than 6 months and if you must go for 1 year or longer your wife will need a re-entry permit to come back......

Good luck with the interview and the baby...

Kez

[raymaga 25]

Good luck with the upcoming interview and with the new addition to your family.

Best wishes to you all.

[Seosamh1968 0]

Thank you for the advice--and all the best wishes.

Because we will be gone for one year, we will definitely apply for a reentry permit. Should we wait, however, until we know if we are approved or not for the permanent residency? If we apply now, we would have to apply for Advance Parole, right?

We'll defintely come back on and post what happens--I hope it will all work out.

cheers!