Attourney Suggestion

[Eric-Pris 1,606]

Your fiance didn't enter US to get married, right?

Whether she entered to get married isn't important. Did she enter with the intention to immigrate (stay)? You can come to get married then go back, there is nothing wrong with that. If so, that's visa fruad. If not, you may be asked to prove that at the interview.

well she would be technically entering the US to get married? so should we file her AOS and than get married ?

You can't file AOS before you get married. It is filed after.

[Eric-Pris 1,606]

well she would be technically entering the US to get married

If she were to tell an immigration officer at POE that she plans to get married, I'm guessing that they would probably not let her in, even if she was planning to go back home after the wedding.

[Neonred 3,569]

Sure you can adjust status just the same as from a tourist visa. As I see it your biggest problem is that you want to get married immediately. I believe this will be a problem. Remember the 30/60 day rule. See this publication and read pages 5-8 http://www.state.gov/documents/organization/87011.pdf

If you get married within 30 days of entry, they will presume your intention was to immigrate.

Edited May 5, 2009 by Neonred

[Nich-Nick 3,354]

This is my understanding of the process.

Did she get the R1 visa solely with the intent to use it to come to the US and not leave (immigrate)? Yes? Fraud

Did she get the R1 because she was really doing religious work and had no intention of marriage? Not fraud.

You said she comes and goes.

When she last entered the country was it solely for religious work as she told the immigration officer? Yes? Then OK, no fraud.

When she last entered, did she say it was for religious work, but really she intended to marry and not leave? Fraud

Did she come to the US for a long period of time...like a year or two assignment with a church with the intent to work at that church? But then she and her boyfriend decided while she was here to marry, even though that wasn't her intent when she came? Not fraud.

It's all about her INTENT for getting the visa in the first place and her INTENT when she used it to enter the country. There are alot of people who enter the US on the Visa Waiver program as tourists to see their boyfriend, then they suddenly decide to marry in Vegas and the girl doesn't go home, they adjust status, and she gets a green card. Most say the circumstances of her entry (as long as it's legal and not sneaking across the border hiding from officers) are never even brought up or questioned at the AOS interview.

So if you and the girl just randomly decide to get married with no pre-planning or previous intention, then you most likely could file for the AOS while she remains in the US. It does happen all the time. But she should not leave the US while the application is being processed. It also appears to be fraudulent to the authorities if she enters and you marry within the first 30 days as noted in that document.

So what is your real intention? Take it from there. I'm not advocating anything one way or the other. I'm just telling you that people with no intention to marry, who do marry and file for AOS get green cards with little problem. Only you know your situation and if there are real religious functions/work she could document if asked. Or if it's a flimsy religious excuse to come to the US.