Send K1 Now OR Wait?

[Deputy Purple 1,294]

Regarding the marriage within 30 days:

They admitted to the CBP Agent that a FUTURE marriage was quite POSSIBLE.

The CBP Agent still allowed her entry.

She was only given 30 days to be lawfully present in the US.

The CBP Agent who allowed her entry put a reasonable fear that she would have to spend an extended amount of time away from her long-time boyfriend.

After discussing the possibility of being separated for an undetermined time they both decided that it was time to begin her VisaJourney, as suggested by the CBP Agent.

Since she is here on an actual B Class Visa (not VWP) she has the right to appeal if AOS is denied. Her chance of losing on appeal is minimal as the standards seem to tip in her favor if they end-up in front of an Immigration Judge.

I can't tell them to take the chance but I personally would if it was my wife & I.

I am concerned that if they marry within 30 days that will be considered prima facia evidence of immigration intent.

However since they told the inspectors at the border that the engagement was imminent and the inspectors let them in anyway, are you saying it's probably a moot issue? They are in now and that is all that matters. Just tell them at the interview, "They asked us this at the border and we told them the truth: that the engagement was likely, but had not yet happened."

Yep...

Adding that the CBP Agent's comments actually caused the discussions that brought them to the point of moving up their plans wouldn't hurt either as it's a statement of when intent developed.

[lillmiss 0]

did ur friend get her green card