Married 5 days after arrival in the US with B1/B2 - are the problems for AOS?

[isha2012 0]

My now husband and I met in 2011 while I was working in Peru (I have since moved back to the US). We got engaged when I went to visit him in Peru in September 2012, at that time he also started a business exporting products from Peru to the US. After my trip to Peru we started looking into immigration options - researching fiance visa options and spouse visa options. In early December he came to the US with is multi-entry 10 year B1/B2 for a one and a half month trip primarily for business, but of course also to see me. At an event a few days after he arrived we were talking to a friend of ours who was so excited about us being engaged and planning our wedding and said that we should get hitched on 12-12-12 because that would be such a great date to get married. This, coupled with being so happy to be together, prompted us to think, yeah, maybe we should do it, and why wait until 12-12-12, let's get married tomorrow! At the end of December we filed our I-130. Come end of January when his return flight was scheduled, we decided he would stay longer. His visa was good until May and the idea of being apart was so heart-wrenching! Now it's April and I called USCIS to see the status of our I-130 - the USCIS rep mentioned that we should look into filing an AOS since I'm a US citizen and he's here in the US and we are married. We are considering it, but the one concern I have, based on reading some other posts here, is that we got married so quickly after he arrived in the US it could look as if we had the intent to get married. Is this an issue or is the fact that, in addition to having no intention to get married when he arrived, we had no intention of him staying past January, and then definitely not past May, until the USCIS officer suggested it? Is there any proof that we can give that we had no intent to do either when he arrived in December?

[ddkorestin 10]

i personally don't really think so, u stated that he has previously visited USA and am sure during that time, u have both seen one another and started a relationship. it might raise an eyebrow but i don't think that would be any problem. my cousin got married 12 days upon arrival in USA, although he has previously visited USA on 2 occasions. so i think u have nothing to worry about, just get all your paper work ready and in other, they might ask you question regarding this in the interview

[Mariana2012 89]

Theoretically no. Because they can't prove intent upon entry. Just make sure you have solid proof of life together.

[Harpa Timsah 13,258]

Theoretically no. Because they can't prove intent upon entry. Just make sure you have solid proof of life together.

Um, yes they can prove intent on entry.

[ddkorestin 10]

i think i do agree with u,

just make sure u have your supporting documents and get as much documents as u can, dont rush into submitting your forms, take few weeks and gather all bills, statements, memberships, finances, insurance etc all in joint names and photographs can tell a lot of stories.

[Mariana2012 89]

Um, yes they can prove intent on entry.

How?

[Harpa Timsah 13,258]

How?

If you quit your job, sold your house, put "I'm moving the America!" on your facebook, or if they ask and you tell them or they get you to confess.

I think you mean to say that intent by itself is not enough reason to deny an AOS, but intent along with other negative factors can be used to deny an AOS. That is different than "they can't prove it."

[Mariana2012 89]

If you quit your job, sold your house, put "I'm moving the America!" on your facebook, or if they ask and you tell them or they get you to confess.

I think you mean to say that intent by itself is not enough reason to deny an AOS, but intent along with other negative factors can be used to deny an AOS. That is different than "they can't prove it."

I don't see what you metioned above on the original post. From what I read intent cannot be proven . Check it out :

In early December he came to the US with is multi-entry 10 year B1/B2 for a one and a half month trip primarily for business, but of course also to see me. At an event a few days after he arrived we were talking to a friend of ours who was so excited about us being engaged and planning our wedding and said that we should get hitched on 12-12-12 because that would be such a great date to get married. This, coupled with being so happy to be together, prompted us to think, yeah, maybe we should do it, and why wait until 12-12-12, let's get married tomorrow

Just because someone is engaged and planning a future wedding with no set date does not prove visa fraud. But you are righ, if you write on facebook " I am moving to America" and USCIS reads that they can prove fraud but again, this is not the case here.

Edited April 13, 2013 by Mariana2012

[Harpa Timsah 13,258]

I didn't say it was the case here, I just mean it can be done.

OP: there is no reason not to file I-485, if that is what you want to do.

[Mariana2012 89]

I didn't say it was the case here, I just mean it can be done.

OP: there is no reason not to file I-485, if that is what you want to do.

my bad, I though we were all talking about this particular case.