I-485 help

[lemmy 0]

Hello everyone!

I'm new here and had some questions regarding the I-485(AOS). I'm a US citizen (naturalized) and recently got married to my long-time girlfriend from Greece. We're in the process of completing her forms. She entered the country lawfully with a 6-month visitor visa at the beginning of September 2012, we were married late September 2012.

I called USCIS and they gave me a list of forms to download and fill out. The I-130, I-485, I-693, I-864, I-765 and I-131. She passed the medical exams and we have the confidential, closed report from the civil surgeon ready.

But my question(s) pertain to form I-485. What is her current USCIS status? A visitor? Also, what is her application type on part2? a.) an immigration petition? b.) Spouse or parent applied for adjustment? or c.) enetered as a k-1 fiance of a us citizen and married within 90days?.

We were engaged for close to 4years, but I was residing in Greece at the time, so I never petitioned for her k-1 status approval. What should I check?

[didopage 337]

Her current status is Visitor, as she entered with a visitor visa.

Part 2, check a. The I-130 is the immigrant petition.

Did she enter with the intent to marry you and immigrate? If yes, that's not what a visitor visa is given for, and is immigration fraud. I hope you're not on that case.

If she had the intent to marry you and immigrate, applying for a K-1 visa was the appropriate route, not a visitor visa.

[lemmy 0]

^Thanks for the reply.

No, she did not intend on marriage and immigration when she arrived, she is here visiting me. She had applied and received a visitor's visa in 2005, we were engaged in 2008, and her visa is valid through 2015.

Does this change the circumstance or will we have problems now? Does she have to back and apply for a k-1 visa first?

[didopage 337]

K-1 visa is for fiances only, not married couples.

So, her current plan is to stay and live here, OR just visit, come back to her country and immigrate later?

If her plan is to stay and live permanently in the US, the AOS is good as long as there was no intend to immigrate when she entered the country with her visitor visa. I asked you because you said she entered at the beginning of September, and you got married a few weeks later...

If she files for AOS now, she can't leave the US until her AOS is approved or travel authorization granted, otherwise her application will be considered abandoned.

Edited October 23, 2012 by didopage

[movingforward78 0]

^Thanks for the reply.

No, she did not intend on marriage and immigration when she arrived, she is here visiting me. She had applied and received a visitor's visa in 2005, we were engaged in 2008, and her visa is valid through 2015.

Does this change the circumstance or will we have problems now? Does she have to back and apply for a k-1 visa first?

First of all, I need to say that I don't want to scare you but to give you some info:

There is a 30/60 rule, I am not sure if you have heard of it, it stipulates that if anyone enters into U.S. on B-1/2 visa and gets married within the 60 days of arrival, the IO will view this case with serious suspicion of intended marriage on B-1/2 visa. But there are always exceptions that people who got married within 60 days on B-1/2 visa, and got their GC approved. All I think is you need to prove your bona fide marriage case with some more work when questioned by IO at interview.

If you are really worried about it, please consulate an experienced attorney before going for interview.

Good Luck!

[lemmy 0]

Thank you all for your help. I just want to know that we're not committing a crime or doing anything illegal. We have her return ticket for the 28th of October, 2012. I don't want her to leave and I intend to keep her here in the country. She has visited the states on her visitor's visa twice in the past 5 years and returned home to Greece every time.

We got married on a whim, Monday the 28th of September, my grandmother who resides in our home, is dying of cancer and she wanted to see her grandson (me) married before she passes away.

Should I send the papers as soon as possible and get this moving? What are the consequences if denied on grounds of fraud?

[movingforward78 0]

Thank you all for your help. I just want to know that we're not committing a crime or doing anything illegal. We have her return ticket for the 28th of October, 2012. I don't want her to leave and I intend to keep her here in the country. She has visited the states on her visitor's visa twice in the past 5 years and returned home to Greece every time.

We got married on a whim, Monday the 28th of September, my grandmother who resides in our home, is dying of cancer and she wanted to see her grandson (me) married before she passes away.

Should I send the papers as soon as possible and get this moving? What are the consequences if denied on grounds of fraud?

Since you are already married, filing for K-1 is impossible any more. However, fortunately your wife is in U.S., I would suggest you start applying for it anyway ( it's best with assistance from Experienced and Honest Attorney).

In general, there are two interviews: one is called initial interview, the second is called stoke interview.

Good scenario:

If the IO is convinced in the first initial interview, then the GC is approved and no need for second one.

Bad scenario:

If the IO is not convinced, then the stoke interview is set up, and both of you will be interviewed separately for hours in order to judge if the marriage is bona fide or not. If the IO is not convinced and ascertain that the marriage is sham, the deportation process will start, and IO will also speak to petitioner and request petitioner to withdraw his/her petition for his/her wife/husband in order to be acquitted of any related crime prosecution.

This is all I know about the consequence of denial on the ground of fraud.

Edited October 23, 2012 by movingforward78

[Moomin 292]

First of all, I need to say that I don't want to scare you but to give you some info:

There is a 30/60 rule, I am not sure if you have heard of it, it stipulates that if anyone enters into U.S. on B-1/2 visa and gets married within the 60 days of arrival, the IO will view this case with serious suspicion of intended marriage on B-1/2 visa. But there are always exceptions that people who got married within 60 days on B-1/2 visa, and got their GC approved. All I think is you need to prove your bona fide marriage case with some more work when questioned by IO at interview.

If you are really worried about it, please consulate an experienced attorney before going for interview.

Good Luck!

It's not a rule. It's more likely a term used by attorneys. It could be used as a guideline but I'd be a bit careful about that. Nothing makes sure that the case won't be scrutinized just because a couple waited an extra week to get married.

And it's up to the interviewing officer to make a decision based on what he/she sees in the case and at the interview.

[lemmy 0]

Again, thank you all for your time and replies.

Should I continue filing the AOS papers? I mean there are ways around these matters, otherwise there wouldn't exist an adjustment of status form, correct?

I'm pretty sure Immigration Services just wants to prevent 'fake or fraudulent marriages', correct?

She was preparing to leave the United States and go back to Greece by the end of October, something came over me, I changed and I remember thinking, I won't have her leave one more time. I love her, so I married her. What's fraudulent about that?

Am I doing something wrong or illegal by petitioning for her and adjusting her status?

She has visited the USA on her current visa twice and twice she's returned back to her homeland, doesn't that count for anything?

[ceadsearc 516]

You're fine. File your AOS.

[didopage 337]

Yes, file now. Just be prepared for the interview, tell the truth, have good evidences and she should be fine.

[Harpa Timsah 13,258]

The 30/60 day thing is a myth, it is not a rule, and it was never law. Lawyers like to spout it to get money. It's a lie.