I Just Got Married

[Christi85 86]

On situations like yours I always tend to err on the side of caution (i.e. suggest that your wife returns to Turkey, you file an I-130 on her behalf, be 100% legal and your case should go like a breeze and be approved). The case can sadly take 8-10 months start to finish which is a long time, but you can always see if you can visit each other in between.

Now, other people here are much more knowledgable, and can advise you better.

Like other people have said though, her intent may be questionned, and to be honest, the fact that you were already engaged for a while before she came to the US and that there is proof of all of it, may just reinforce USCIS' suspicion that she travelled with an intent to marry you, stay and adjust status.

How about her job (I assume it's based in Turkey)? Is she still on training (i.e. on leave from work) or has she left it to stay with you? That could be another deciding factor.

I don't know if it's the same with tourists visas, but people who visit the US on the VWP (visa waiver program), get married to their loved ones and stay to adjust status are finding it harder and harder nowadays to get approved. More and more USCIS offices take the harder approach and deny their petitions, leaving them with nothing to do to change the decision. I assume a tourist visa would be viewed more favourably than the VWP which takes away the right to appeal, but she still declared that she wasn't going to immigrate when she got her visa, and yet there she is, trying to adjust status through marriage. No offense meant, but you get what I mean - that's how they might see it.

Contrary to what others have advised, I would definitely seek an experienced immigration lawyer's advice. There is a red flag that needs to be overcome if she stays there and files AOS.

Also, since there is another, very secure (albeit longer ) path that will most definitely lead to her getting a CR1 visa and be with you for ever after, I'd strongly urge you to consider that option too. Like I said, you can try and visit each other while her visa is pending.

Oh, and in case you choose this path, there's no need for a lawyer it seems like

[JimVaPhuong 4,863]

So now you say in other post you got engaged a year and a half ago so when she came here she was already your fiancee. Like others have said you should start the CR1 process and then she will go home and you wait for approval. If you apply for AOS how are you going to deny she was your fiancee when you say you had a party and all back in Turkey and you have photos. mmmm and she came here on a tourist visa when you were already engaged. I'm just saying could look bad for you if you try AOS at interview time.

This won't matter. Even if they're absolutely sure she intended to immigrate when she entered, and even if they have evidence of her intent, they won't deny solely on that basis. There are precedent cases with the Board of Immigration Appeals that have established that preconceived intent, by itself, is not enough of a negative factor to deny AOS for an immediate relative of a US citizen. These cases are cited in the Adjudicators Field Manual, and IO's are required to study them.

Her intent may become a topic of discussion at the interview. If they have evidence of her intent, and further have evidence that she lied to an immigration officer about her intent, then she would be denied for the misrepresentation. She won't be denied for intent alone.

[Barbara J 115]

This won't matter. Even if they're absolutely sure she intended to immigrate when she entered, and even if they have evidence of her intent, they won't deny solely on that basis. There are precedent cases with the Board of Immigration Appeals that have established that preconceived intent, by itself, is not enough of a negative factor to deny AOS for an immediate relative of a US citizen. These cases are cited in the Adjudicators Field Manual, and IO's are required to study them.

Her intent may become a topic of discussion at the interview. If they have evidence of her intent, and further have evidence that she lied to an immigration officer about her intent, then she would be denied for the misrepresentation. She won't be denied for intent alone.

Thankyou Jim you are a book of knowledge

[SpaceBaklava 0]

thanks everyboydy, especially jim and timsah!

i'm going to mail in the forms on monday.

[SpaceBaklava 0]

hi again,

i'm filling out the I-130 (we had an unfortunate accident so we had to put it off for a week) and i'm a bit unsure. my wife's visa is a B1/B2 visa.

On the I-130 it asks for an Arrival Departure Record (I94)and a date authorized stay will expire (I94 or I95). Since these don't apply to us

(they don't, right?) do we leave them blank?

Thanks,

[SpaceBaklava 0]

IT ALSO ASKS FOR LAST ADDRESS WE LIVED TOGETHER (PAST TENSE). SHOULD I GIVE PRESENT ADDRESS? IF SO, IT ASKS FOR THE DATES, (FROM-TO) SO THAT WOULD INDICATE THAT THE ADDRESS I PUT IN TO BE THE ADDRESS THAT WE MOVED OUT. SO DO I JUST LEAVE IT BLANK? IF ANYBODY KNOWS, I'D APPRECIATE IT.

THANKS

[JimVaPhuong 4,863]

hi again,

i'm filling out the I-130 (we had an unfortunate accident so we had to put it off for a week) and i'm a bit unsure. my wife's visa is a B1/B2 visa.

On the I-130 it asks for an Arrival Departure Record (I94)and a date authorized stay will expire (I94 or I95). Since these don't apply to us

(they don't, right?) do we leave them blank?

Thanks,

The I-94 is form she was required to fill out and turn in to immigration when she arrived in the US. They usually give you this form on the airplane. The immigration officer will remove and keep the upper portion of the form, and then stamp the lower portion with the arrival date, the expected departure date, and the class of admission. Pretty much every non-immigrant who comes to the US with a visa is required to fill out an I-94, and will have the 'stub' stapled in their passport. Check your wife's passport. This form is critical.

IT ALSO ASKS FOR LAST ADDRESS WE LIVED TOGETHER (PAST TENSE). SHOULD I GIVE PRESENT ADDRESS? IF SO, IT ASKS FOR THE DATES, (FROM-TO) SO THAT WOULD INDICATE THAT THE ADDRESS I PUT IN TO BE THE ADDRESS THAT WE MOVED OUT. SO DO I JUST LEAVE IT BLANK? IF ANYBODY KNOWS, I'D APPRECIATE IT.

THANKS

If you're currently living together then list your current address. Write "present" in the "To" box.

[cookieandcream 10]

put her new married name as her name now, and her maiden name in the other name used, put all of her middle names ( in the middle name case )

I think you'll be ok some people on this website have more knowledge than an immigration attorney

[SpaceBaklava 0]

thanks guys,

yes jim, shortly after making the post I realized what the i-94 was. as far as the past address goes, it doesn't allow you to put "present" in the

box, at least not when filling it out on adobe. i think i'm going to fill that part out by hand.

i hope that filling in parts of it by hand will not be a problem. maybe i'll just fill out the whole thing by hand in order not to worry about it.

thanks again. if i have any other questions i know where to go besides, that 1-800 number they got on the official immigration is only

a recording

peace