marrying my fiancee on work visa ..

[fys 0]

Hello everyone .. my girlfriend, now fiancee is here on H2-B work visa , i hope someone can help... me and my girlfriend/fiancee were friends before she came to the U.S. , we met in Peru , while i was traveling there ... and sha has been staying with me and my family while she has been here on her work visa , is this a problem when we need to prove that her intent was not to marry me or immigrate when she got her visa... we were friends and "things just happened" and we fell in love and now we want to get married... i am wondering if this would be a problem when we apply for the adjustmnent of status i-485 - i130 etc... when we have the interview process .. she has been here for over 4 months now...

thanks :-)

[Kathryn41 3,205]

It happens - people do come to the US to work, do fall in love with an American and do apply to Adjust Status. It may or may not come up in the interview, but you should be prepared to address the question if it does. Don't run away from it and don't think you need to try to hide the situation. If your fiancee came on a work visa, then she obviously left many of her 'affairs' still open back home. She will probably have a round trip ticket, responsibilities back in Peru to finalize when she is able to, and friends and family who can attest that they expected her to come back eventually. You can gather information/evidence that shows that. You will probably have in your relationship itself letters and emails before she arrived in the US that show the offer of a place to live was not based upon an intimate relationship but a friendship, and you will have a definite time when you became 'engaged' here in the US and decided you wanted to get married. You can also present those at the interview. Make sure both of you are aware of the exact timing of things so you don't present conflicting information at the interview.

There is a forum here on Visa Journey that is devoted to people who are adjusting status from work, student or visitor visas: http://www.visajourn...-tourist-visas/ . You will probably find it useful to read over the different questions and answers already there, and if you have any specific ones of your own, to post them in that forum.

Good luck to you - and congratulations on your engagement.

Edited September 26, 2010 by Kathryn41

[fys 0]

It happens - people do come to the US to work, do fall in love with an American and do apply to Adjust Status. It may or may not come up in the interview, but you should be prepared to address the question if it does. Don't run away from it and don't think you need to try to hide the situation. If your fiancee came on a work visa, then she obviously left many of her 'affairs' still open back home. She will probably have a round trip ticket, responsibilities back in Peru to finalize when she is able to, and friends and family who can attest that they expected her to come back eventually. You can gather information/evidence that shows that. You will probably have in your relationship itself letters and emails before she arrived in the US that show the offer of a place to live was not based upon an intimate relationship but a friendship, and you will have a definite time when you became 'engaged' here in the US and decided you wanted to get married. You can also present those at the interview. Make sure both of you are aware of the exact timing of things so you don't present conflicting information at the interview.

There is a forum here on Visa Journey that is devoted to people who are adjusting status from work, student or visitor visas: http://www.visajourn...-tourist-visas/ . You will probably find it useful to read over the different questions and answers already there, and if you have any specific ones of your own, to post them in that forum.

Good luck to you - and congratulations on your engagement.

Thank You so much !!

great info ... and you actually made me feel at ease a little...

i will check out that link as well ...

:-)

[Brother Hesekiel 2,236]

Given your particular situation, where your fiance already entered the US with the explicit permission to work here, I venture to say that what you worry about will not come up with a single word during the AOS interview. It is a non-issue.

Oftentimes, people visit the USA as tourists and after a couple of months get married to a US citizen. Here one wonders about the circumstances related to a foreigner who would be required to leave soon after if not filing for AOS. Yet these cases are usually adjudicated without a hiccup.

Yet, if somebody lives in the US, resides here, if not permanently yet for a couple of years (or more), goes out, meets people, has a social life, the odds are that he or she would meet a US citizen.

I realize that you two met in Peru, but your fiance came to the US on her own, with an H2-B, not as a tourist and even less without a visa as participant of the VWP. You two are in as good and as save a position as it gets in regard to AOS.

[Stanley Hermosill 1]

You guys are definitely in a strong place. If she came on work visa, not simply to "visit" you there should be ample evidence of her intent. All you need to do is cull evidence backing up your case, but most likely it won't even come up.

[VanessaTony 3,567]

** moved from "Employment Visas" to "AOS (Other)" as you are asking about how to go about AOSing while in the US on an employment visa **