AOS in the US or k1/ir1?

[Elcap 0]

My fiancee and I are both in the US right now and will be getting married soon. She entered on a B1 visa with the intent to return home after 2 weeks (we can prove this wirh canceled tickets, employer letters) but has decided to stay until her visa expires while we get married and choose our next steps. We are not yet sure if we should continue woth the AOS here or return to Russia to do an IR1. We were told that processing times for I-485s are much faster here. Does anyone have experience with these different routes? Or maybe there is a thread that already answers my question? If we were to both go to Russia would there be any complications on getting the immigration visa paperwork done because I wouldnt be in the US? Thanks

[san diego 407]

Processing is not faster and it will be more heavily scrutinized. HOWEVER, with all that said in your situation the best route (given that foreigner entered country without intent to marry)is to get married and adjust the status here. Least expensive.

[Harpa Timsah 13,258]

Processing is not faster and it will be more heavily scrutinized. HOWEVER, with all that said in your situation the best route (given that foreigner entered country without intent to marry)is to get married and adjust the status here. Least expensive.

?? Processing is a lot faster. AOS takes 3-5 months, CR-1 visa takes 9-12 months to achieve the same result.

OP - Since she had no intent to marry or stay when she arrived, you can file for AOS. Follow the guides up top and good luck. Keep in mind she cannot travel until she gets temporary travel permission, called Advance Parole. If that doesn't work for her, then you can file for a CR-1 visa and she can continue to visit during the process, as long as she follows the limits on her visa. Good luck.

[Elcap 0]

Thank you. And we wonder what the consequences going to be if we get married here and be denied. As we found out we might have to prove that the fiancee didn't have an intention to get married and stay here when she entered US with tourist B1/B2 visa. Is it going to be tough to prove? Does it really help to ask for lawer's assistance ?thanks

[Harpa Timsah 13,258]

If you have a real relationship, and she is not inadmissible, then she won't be denied. You will not need to prove that she entered without intent, rather, USCIS will have to have proof that she did.