My finance is here in US on a 6month B1/2 Visa

[ichigo85 6]

Ok, so I'm wondering if it'd be ok for us to marry while she's here on her stay? I've heard if we marry here then she wouldn't have to leave until we

got an approval(hope) or denial(ugh) on her adjustment of status? I'm not sure if that's correct or not, but if we decide to marry do we just file for

the "adjustment of status?" I'm quiet confused about that part. Also, I'll have to have a a cosponsor because I only work part time at the moment and go to

school full time. I have enough in my savings that puts me over the poverty line. I think it's like $19,000 or something like that? And my cosponsor makes

roughly $80,000 annually, so my question is do you think I'm clear on the support affidavit? All answers welcome!!!!

[Done--Really 331]

No problem getting married, and then you have a couple of options:

1) If you can show that she did NOT come here with the intent of getting married, you can file for AOS as soon as you are married. The one BIG DEAL is that she MUST stay here until the process is complete. If she leaves even for a day, you have to start over. There is one complication--if she came on VWP, she may not be able to adjust here depending on where you live and whether she has overstayed the 90 day period she was allotted--search the forums for VWP if that applies to you and then decide.

2) The other approach is for her to return home to wait it out. She may or may not be able to return for a visit while things are in process--lots of opinions on that one !!

[Harsh_77 718]

From B1/2 to do an AOS would be difficult and its not recommended.

You can get married while she is in US, but the best option would be she returns back to her home country and you file for her immigration paperwork.

Now you will get both response on this forum that ppl have done similar in past and it has worked for them, the only reason I dont advice is coz if your case gets caught in you will have to prove that you guys did not mis-represent and you guys had no intention of marriage when she entered.

Coz it would be much easier for them to prove you lied saying your fiancee entered on B1/2 means she had left open ends in her home country and then all sudden how did she work out thru all that to get married right away.

[tooduhri 0]

My friend had to hire a lawyer for a case like this. They had a successful AOS but that does not mean it would be the same for other cases. It took them a while to find a lawyer who would take their case though.

[Done--Really 331]

These are everyday situations, and generally do not require a lawyer.

A lot has to do with the circumstances--the most important is what she said at POE. Spell out everything--has she been here before--you there?? What EXACTLY happened at POE--why did she say she was visiting the US? Was there secondary processing?? How long will she have been here when you get married?? etc, etc. Do you have emails that talk about the pending visit? Think like an immigration official and see if your story holds water or sends up a lot of red flags--no red flags, it is very easy to get thru the process--lots of red flags--file CR-1 immediately and then she can leave for home before her visa expires--no need to wait until she is back to file the CR-1. If she just got here and you file CR-1 right away, she can wait out most of the processing time here rather than back home. Where is back home, by the way??

[Done--Really 331]

One more thing--your savings are not counted dollar for dollar--you have to divide by three, so for example, if you had $21K, you could only count $7K towards meeting the income/asset test. So if you earned about $12K, then yuo would add the $7K, getting you to the $19K threshold.

As to your co sponsor, its his income relative to the number of his family members and your wife to be--need more details to answer that question.

If it is just him and your wife, however, it is more than enough.

Edited May 10, 2011 by magical

[ichigo85 6]

Wow, I didn't expect all the info from everyone so fast. Thanks!

She didn't enter under the VWP; she actually entered with a Visitor's Visa and was allowed a 6 month stay(been here 2months so far). At the POE they asked her what she was here for and where she was staying. She

told them visiting(I don't think she specified WHO she was seeing) and that she was staying at my mom's home. We didn't plan on getting married when she came because we was going to go the K1 route until we heard that you can get married without the K1, so we decided maybe we could do the marriage and file for AOS. She didn't up and leave Japan(this answers where she's from =)) on the intent of getting married because she still has her job there(she works as a private tutor). We don't really have messages talking about her coming here because we always video chat via webcam or on the phone. This is her second visit btw and I we've been together for a year this past April =). I've never been to hear country, but this is our second meeting. We actually met online and that's how our relationship started.

As for my savings.. Mmm.. I guess I averaged around $10,000 last year if you include my unemployement? I was on that for only 4 months after losing my only job of 7 years, then I started a new job and if you can include the unemployement then I still meet the $19,000 requirement. My cosponsor, he lives alone and owns 2 homes(not sure if both are paid off though).

Given the info I've provided, do you think consulate or whoever does the interview will think she had intent to come and marry?

Edited May 10, 2011 by ichigo85

[ichigo85 6]

Oh yeah, do I only need to show the latest income taxes I've filed?

[Done--Really 331]

They will ALWAYS assume that she had intent when she arrived--a lot depends on exactly what was asked at POE and exactly what she said. Was she essentially waved thru after a couple of quick questions, or did they take her to a little room for secondary screening?? If so, how long did it take and exactly what was discussed?? Do you have any documentation that you were planing on K-1?? Will your mother swear under oath that there was no intent?? How about your friends?? Her relatives?? You see where I am heading--right?? They will assume intent, and you must disprove it. And don't forget that she can not return to Japan until the entire AOS process is complete--she can't leave the country for even one day after getting married and starting AOS, or it is all out the window, and that is GOOD since she has a business that she would normally return to, but you eloped instead--got it ??

Download the instructions for form I-864. They are very clear and very thorough about income, assets, etc.

[Done--Really 331]

And read everything here that remotely applies to your situation,and then ask questions on the other web site--they are much more familiar with your situation.

http://immigrate2us.net/forum/forumdisplay.php?13-Marriage-Based-AOS

[ichigo85 6]

What happens if she doesn't get approved? Are we still able to go the CR-1 route? I don't wanna get her banned from here!! =/

[ichigo85 6]

Also, how long does AOS take to reach a decision?

[Done--Really 331]

Go read everything at the link I gave you and then we can talk.

[Harsh_77 718]

AOS normally takes 6-7 months, yes your latest tax information is required.

And yes you can go on CR1 route if your AOS is denied, but do expect more questions at that time and rfe, as it will be recorded in USCIS system that you tried to do an AOS before and tried to circumvent the system.

If you have started the K1 process, then still recommended you continue go via K1 compared to AOS. If they decide to deny your AOS request all the USCIS has to do is say she mis-represented which is she did not fully disclose her purpose of visit.

She was asked the purpose of the visit and whom she is visiting.

[Krikit 1,165]

Moving from IR-1/CR-1 Process to AOS From Work, Student, and Tourist Visas.

Edited May 11, 2011 by Krikit