Came in the US with B1 visitor visa...married to USC..

[kiwicat83 0]

Ok..This is a question I'm asking for an online frined .

She came into the states with a B-1 visa, and she married her husband in Las Vegas. Now she's thinking about getting her green card.

I think she already showed intention to immigrate by marrying a USC.

Therefore, will the interview for AOS be difficult for her??

Is it likly the immigration officer will doubt the marriage to be a fake one?

If so, should she leave the US and start her application in Taiwan??

ANy suggestions??

Thanks a lot!

Ok..This is a question I'm asking for an online frined .

She came into the states with a B-2 visa, and she married her husband in Las Vegas. Now she's thinking about getting her green card.

I think she already showed intention to immigrate by marrying a USC.

Therefore, will the interview for AOS be difficult for her??

Is it likly the immigration officer will doubt the marriage to be a fake one?

If so, should she leave the US and start her application in Taiwan??

ANy suggestions??

Thanks a lot!

I meant a B-2 visitor visa...haha

[Dr_LHA 3]

I think she already showed intention to immigrate by marrying a USC.

Well, did she come here on a B2 with the express intention to marry her husband? If yes then definetely she violated the terms of her visa. She will most likely need to be able to prove that her marriage was "spur of the moment" rather than premeditated.

Therefore, will the interview for AOS be difficult for her??

Is it likly the immigration officer will doubt the marriage to be a fake one?

Is the marriage fake? If not then I don't see why the Interviewing Officer will think so. They'll just see a visa violation. Plenty of people violate visa regulations to be with people they love after all. Doesn't make it right, but there you go.

The best advice for her would be either to leave the US and apply for K-3 visa, or try to go through AOS directly but with the help of a lawyer to avoid any pitfalls.

[meauxna 15]

She shouldn't try to get information third and forth hand--her case type is very fact-specific.

To save money and time, she should consult (meet with) an immigration attorney to discuss HER case, in private.

[stan K 0]

well from what i have heard, there is a 60 to 90 days waiting period. if u get married after 90 days of entering the US u should be okay.

im not a lawyer though but thats what one of them told me. ...

-stan

She shouldn't try to get information third and forth hand--her case type is very fact-specific.

To save money and time, she should consult (meet with) an immigration attorney to discuss HER case, in private.

kiwigal,

can u tell me more about your case

did the immigrant know the US citizen before coming to USA ??

if yes, that would help your case.

also which month did the immigrant enter the US ??

has it been over 90 days ???

let me know

She shouldn't try to get information third and forth hand--her case type is very fact-specific.

To save money and time, she should consult (meet with) an immigration attorney to discuss HER case, in private.

[ChristinaM 0]

Stan, that's dangerous (and incorrect) information. Because tourist adjustment is very case specific, Meauxna is right. A consultation with a lawyer would eliminate the "Chinese Whispers" effect of getting patchy information through someone else from somewhere like VJ.

[meauxna 15]

well from what i have heard, there is a 60 to 90 days waiting period. if u get married after 90 days of entering the US u should be okay.

<snip>

did the immigrant know the US citizen before coming to USA ??

if yes, that would help your case.

hi stan,

Some lawyers do still advise the 'wait 30 or 60 or 90 days before doing X' but you shouild understand that that is based on their personal idea of what is 'safe' and is not actually based on a law. Some people (including lawyers!) have misunderstood the paper that guideline was originally written for.

It's not good advice to give to someone, that is, waiting does not make someone 'safe' in immigration.

Sometimes it can help OR hurt a case if the couple knew each other before. It's not a good idea to think that they must know each other before, or at least to tell others that.

Again, each of these situations is highly individualized.