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

[ichigo85 6]

Thanks Bob and Harpa =).

I just heard some interesting news though. Someone was saying that it usually works well for people that go AOS way, but doesn't for some. The person gave an example of a man that got denied because the USCIS called his company in Europe and his company told USCIS that he quit his job to go marry some woman in the US.

She DID quit here job(still had the private tutoring thing though), but not for the intent of getting married... More, she quit to come here and wait while we figured out if we wanted the K1 Visa or CR1, then stay till it was time for her interview in her home country..

Any thoughts on this?

[ichigo85 6]

Also, on her resignation letter, she just stated she was leaving to reconsider what kind of career she wanted.

[ichigo85 6]

Ugh, my gf is considering that it's safer to do the K1, which means she'll have to leave me... again! =( awh, I don't know if I can handle being separated again.. I freakin cried like a baby for 4wks and depressed for 3months after she left last time =/.. I don't want to argue over which way to go.. If this is the way she feels safest then I rather do it this way to make her feel comfortable, but aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaah.. The thought of having to leave her at the airport again for her to go home is freakin heart breaking. Any suggestions??

[Brother Hesekiel 2,236]

I just heard some interesting news though. Someone was saying that it usually works well for people that go AOS way, but doesn't for some. The person gave an example of a man that got denied because the USCIS called his company in Europe and his company told USCIS that he quit his job to go marry some woman in the US.

Any thoughts on this?

Intent of getting married will not be used to deny an AOS petition. What is a sure-fire deal breaker, however, is misrepresentation.

So if someone arrives at the P.O.E. with a tourist visa, and 4 large travel cases plus a cat, a dog, and a document folder with birth certificate, school records, police records, and such a person is pulled into "secondary inspection" and grilled by CBP on the record, and then states that she has absolutely no interest in immigrating and just needs a lot of stuff on her vacation, and couldn't find a pet sitter and likes to have important documents with her, and this is entered into the DHS computer system, and such a person then gets married and files for AOS, they have a documented case of misrepresentation at hand.

But even in such a case, I can't even conceive that USCIS would call an employer in Europe. Sounds a bit like a story with the Easter Bunny meeting Santa on an Internet dating site in Thailand in July.

[Dakine10 5,452]

Thanks Bob and Harpa =).

I just heard some interesting news though. Someone was saying that it usually works well for people that go AOS way, but doesn't for some. The person gave an example of a man that got denied because the USCIS called his company in Europe and his company told USCIS that he quit his job to go marry some woman in the US.

She DID quit here job(still had the private tutoring thing though), but not for the intent of getting married... More, she quit to come here and wait while we figured out if we wanted the K1 Visa or CR1, then stay till it was time for her interview in her home country..

Any thoughts on this?

I also can't imagine USCIS would call an old employer. If the story was really true, then there's the possibility that there could have been material misrepresentation involved, as Bob said. But there would have to be more to the story. Chances are, it's just be a made up scare story. There are a lot of those around too.

The bottom line is if there was no intent when she came here, then in the overwhelming majority of cases there is nothing to worry about. You won't have to misrepresent something if it didn't happen.

The people that get in trouble with this are the ones that do have prior intent, because then they may have to lie about it, and then they may get caught in that lie.

Edited May 12, 2011 by Dakine10

[ichigo85 6]

Thanks Bob & Dakine. I'm gonna tell my girlfriend this and see what she say's(I just realized I keep calling her my "girlfriend", She's actually my fiancee. I proposed to her on my birthday during her last visit =)

[ichigo85 6]

So I was reading the "guide link" Harpa suggested. It said in bold red, "BE WARNED" then went on to say if the fiancee came on a visitor's visa that person should return and enter on a K-1 visa because risks of denial and ban. Ugh, which would be in our best interest? I know every case is different, but I've posted our situation, so surely someone has seen similar cases and the end results of those cases?

Edited May 13, 2011 by ichigo85

[Harpa Timsah 13,258]

Ichigo,

Part of this process is reading thoroughly and accurately. The warning does NOT say that a person on a visitor visa should go home, rather, it said,

"If your fiance/fiancee came to the US on a tourist visa with the intent of immigration..." bans etc.

You see, the problem is if she had intent to immigrate when she came. You said before she didn't. If that was a lie, and she did, then she should go home and pursue the K-1.

I already said we can't tell you if you had intent or not. You don't need to tell us which it is, just act accordingly.

You have all the information you need in this thread.

[VanessaTony 3,567]

#######, I should check this more frequently 0_o". I wasn't thinking everyone would be such a big help!! I appreciate everyone's insight on my situation. I was feeling a bit down since I've heard lot's of negatives about her coming on a B1/2 and trying to AOS =/. I see everyone on here has been with there husband/wife for a few years and we have only been gf/bf since about January(ughhhh, I know it seems we're rushing, but we kind of clicked when we first met =/). I wondered if the USCIS will think we just kind of jumped into marriage without thinking.. Yeah, the first guy that told me to go the that "immigrate to the us" had me freaking out cuz it seemed like the people that do the interviews are gonna be down our throats for getting married and trying to AOS =/.

Now for my income; if it's true that I'll need roughly around $27K, then I might be able to get away without a cosponsor(I save a lot =/), but to be on the safe side, then I think I'll still use the cosponsor as a backup plan incase they still don't like my income and assets =(. Like I said before, I only made $10K last year because I can only work part time since I'm still in school =/. I'd love to just go back with her, but as I haven't finished college yet, I think it's a better idea for us to stay here.

@Harpa: Ugh, sorry, trying to calm down.. I spent over 5hrs searching and REsearching things again last night 0_o. I don't know how I should send in all that info.. Is there somewhere that lists EVERYTHING that you should send? Do I send in the Affidavit of Support with everything? Also, what's the special address for people filing concurrent? OH!!! ALMOST FORGOT! From the day we mail in the I-130 and everything else, is that when the new period of stay starts?

Thank you everyone again for the help! Special thanks to Harpa and Vennesa&Tony! You two are great!

Oh yeah, don't laugh, but what is "OP" "EAD" "AP"??? Someone already told me what EAD meant, but I can't remember where or what it meant XD!!

Bob answered the shorthand qn. There's also a list in the VJ Wiki but I'll admit I find it hard to find so just ask if you're confused

The AOS side there's a link in my signature with the list for the AOS part (including the EAD and AP) but it doesn't list the I-130 stuff (which is what you also need to send). Harpa also showed you a link and that should help too As to how to send it in... in the AOS thread in my signature I have cover letters in there somewhere. I personally sent my packet together (minus the I-130 'cause I didn't need it but you will) and I created a cover sheet for each application so that I had a contents list so that I didn't forget anything. I found that to be a big help because I read the forms and wrote down what I needed as I went down the form. Then I put everything in the order that the form asked for it.

Yes when you have your I-130/I-485 package accepted by USCIS (you'll get what's called the NOA1/receipt) then you're in a new period of authorised stay. Sometimes you can still run into issues with ICE which is why if your I-94 has expired you should carry your NOA1 when you get it to show them that you're lawfully present. Sometimes they'll still take you to immigration jail but DO NOT PANIC because you'll go before an immigration judge who'll throw the case out because ICE was clearly wrong (it's one of those cases where some people don't know all the rules). You are NOT deportable though (until you've heard whether your denied/approved) so don't worry about that.

Re the joint-sponsor if you can have someone lined up "just in case" that's always better. I don't know your personal situation so you can always try and do it by yourself and have someone else joint-sponsor if they RFE you (that's when they ask you for more info) BUT I do know of at least one case where the person they had had lined up got cold feet or took too long to get the info together (just recently actually too) so if you can have the person have all their info ready to go so you can mail it right back that would be best. Or have a backup of the backup "just in case".

[VanessaTony 3,567]

So I was reading the "guide link" Harpa suggested. It said in bold red, "BE WARNED" then went on to say if the fiancee came on a visitor's visa that person should return and enter on a K-1 visa because risks of denial and ban. Ugh, which would be in our best interest? I know every case is different, but I've posted our situation, so surely someone has seen similar cases and the end results of those cases?

Okay here's the thing. K1 IS safer (CR-1 would be better in your situation given it works out cheaper now that you're together and able to marry before she leaves) but K1's also have the risk of a denial, as do CR-1. K1 have the chance of denial when they AOS too, or later when they ROC. There are no guarantees but as long as you're good and haven't lied at any stage and you genuinely love each other you shouldn't have any issues.

The "ban" is only if you lie, or overstay, or a myriad of other things you haven't said she's done anything like. If she was denied she could go home and apply for the CR-1 visa.

I personally feel given your current situation and based ONLY on what I've read in your thread about your situation that there's nothing wrong with you marrying and trying to AOS. It's not cheap by any means but like you said it means you won't have to be apart. Worst case scenario she's denied so she returns home and applies for the CR-1. Shouldn't be an issue.

However, if you're so panicked by this then do the K1 or CR-1. She can go home, get a job and save to come back. Yes you're apart for a while but it's nothing to get super emotional about. You can focus on preparing things for her return. Save a bit more money while you can. If you're going K1 you can save up for a pretty wedding in the US. Gives family and friends a chance to come if they can. It's whatever makes you feel most comfortable. If you don't feel safe based on what we've said and what you've read then by all means see a lawyer about it or just apply for a K1/CR-1 now while you're together and then she can spend time with you while it's processing, making sure she leaves before her i-94 expires.