A straight up question, give it to me straight.

[nobbie 105]

How about you see an immigration lawyer? Find out what the position really is.

I would be very careful of doing what you are suggesting, if the onus is on you to prove there was no intent you may have to prove it.

Only you can know how to do that.

Think of the repercussions if you get it wrong, you can file for K1 while she is there in the US , she can still visit while the process is going on, she may just have to return home a couple of times during the process.

[Dave&Roza 748]

point taken....... you should realize as well, accusations as you first wrote....."That's not cheating? Entering with the intent to marry and adjust on a visitor visa?" ........ were not only inncorrect but offensive to me.

people every day have this same question. i am looking for possibilities and solutions. the facts. then i can make an educated decision.

How do you prove a negative as in she came to the US without the intent of getting married? You can show a timeline where she received her B2 visa and visited. The date she met you. THe fact that she came again after meeting you and leaving. The fact that you visited her after she visited you. Now she enters the US again to visit friends and you. After entering and being in the US, the two of you started to talk about marriage. Sounds legit to me. The ones that run afoul with USCIS are the ones that meet go home and then decide to get married before entering the US and want to remain in teh US during the visa issuing process. IMHO I wish they would do away with the AOS while in the US and make everybody go back to their home country for a visa interview--either the K-1 or spousal. Until that time, those that arrive on a tourist visa or the VWP and then find the love of their lifes and get marrief can file for AOS and remain in the US.

How certain am I that you will have no problems is based on what you have told me. Now if it is as you say it is you should have no problems, but just remember that the USCIS is very good at getting to the truth during the interview and depending on the case and your evidence or lack there of, you may be facing a Stokes interview. So I would ask your GF/fiancee what her reason for entering the US the last time was and if she can state that it was to visit friends and her BF at the time and she did not have any intentions of getting married and you grill her about your relationship and she does not break down, you should be okay.

It all depends on the IO you get. It may be a cake walk or it may be hell.

Good luck,

Dave

[TomandCatie 7]

Honest, and educated.

People ARE trying to help, but it DOES come across like you're cheating the system and trying to find the fastest possible route. Which is unfair to a lot of people who work hard and went about things the right way.

Now, in all HONESTY, I would be VERY careful doing AOS after getting married in the states. Sure you get to be with her and not leave, but you better have some good proof that she wasn't planning on marrying you beforehand.

You've got to look at this situation from the officer's point of view. She just up and left, then got married and wants to stay. Fine. However, does she have a car back home? Where does she live? Is she giving up her house? Does she have kids? ect... ect...

Most people will not leave these behind and just suddenly want to get married. Not to mention, that if she did anything like SOLD her car, or SOLD her house, that shows she intended to STAY. There's a very fine line. Be careful with what you do. It's best if you do either the K1 or the CR1 route. K1 is faster, but still a little lengthy. However, it's not immigration fraud, which is what you'd be doing unless you had solid evidence.

[Franciscus 32]

Hi,

I see you have joined today, welcome to the forum. My advice: use several hours more to look at all the times this issue has come up in this forum. Pay special attention to posts by "senior" members talking about intent (specifically, how it can't even be used as the sole reason to deny an AOS application). I understand how this might be irrelevant in your case since you state clearly there was no intention, but since you asked about it, I bring it up. I guess a fair summary is that if there was no lying involved when she came to the US the last time (no judgement at all here obviously, just stating a fact!), then there is no reason to not do AOS (but, again, it's much better if you read a lot about this than having some random person like me telling it to you in one line). You'll see a lot of people that had to go through a harder route, and that might bias their advice (probably with no harm intended).

Regarding the B2 overstay, I think you'll have a harder time finding people commenting on what should be done in that regard, since that could be a violation of the TOS of the forum (though I'm not sure). What is a fact is that overstay is forgiven for spouses of USC (again, you might wanna learn more about this spending more time on the forum).

Here's the type of info I'm talking about http://www.visajourney.com/forums/topic/402213-what-constitutes-preconceived-intent-to-marry/?p=5848994

[Sandra G. 5,051]

It will show intend to get married if she entered and get married in 60/90 days, but after 5,6 months here and " in the spur of the moment"you proposed and she accepted the proposal then she will be fine.

Edited September 26, 2013 by sandranj

[feito/feita 1]

THANK YOU, great post.

How about you see an immigration lawyer? Find out what the position really is.

Thanks for the post, but i dont trust lawyers, have read many post here researching this that said the advice from lawyers is sometimes deragatory

thanks, thanks, thanks.

[feito/feita 1]

Most people will not leave these behind and just suddenly want to get married. Not to mention, that if she did anything like SOLD her car, or SOLD her house, that shows she intended to STAY. There's a very fine line. Be careful with what you do. It's best if you do either the K1 or the CR1 route. K1 is faster, but still a little lengthy. However, it's not immigration fraud, which is what you'd be doing unless you had solid evidence.

thanks, no kids. car and house yes. in fact paid insurance on the car before she left.

[feito/feita 1]

It makes me sick to read the OP's posts.

You are posting to alot of people who did or are still doing everything by the book and served their time being away from their spouse. And here you come, asking us how to beat the system. Really? REALLY????? Do you think we are all happy being separated from our spouses? We would all love to be able to wait in the US together while the files are processed...

I understand, and i am sympathetic for you and others. please understand, i am not asking how to break the rules. Only asking what are my options, and the best route to take. Honestly.. If you were in my shoes, what would you do? I suspect the same as me. Everything possible within the law, and take advantage of every loophole you could find. right?

[LoveMyTico 999]

I understand, and i am sympathetic for you and others. please understand, i am not asking how to break the rules. Only asking what are my options, and the best route to take. Honestly.. If you were in my shoes, what would you do? I suspect the same as me. Everything possible within the law, and take advantage of every loophole you could find. right?

I was in your shoes.....my BF( now husband) was here on a B2 visa. He went home and now he is there waiting for our papers to be approved. I didn't want anything coming back to bite us in the A$$. So the answer to your question is.... NO, I wouldn't break the law to bypass the rules.

Sometimes the easy way isn't always the best way.

read read read this forum and search for your topic. You WILL find that nobody here will advise you its ok to break the law .

[Merrytooth 5,748]

I understand, and i am sympathetic for you and others. please understand, i am not asking how to break the rules. Only asking what are my options, and the best route to take. Honestly.. If you were in my shoes, what would you do? I suspect the same as me. Everything possible within the law, and take advantage of every loophole you could find. right?

Depends on your own integrity.

I could have take advantage of the loopholes since I am from VWP country but I didn't.

Do whatever you want to do, since I suppose you have already made up your mind, just coming to this VJ for people to validate your choice.

[Collegesweetheart 0]

There is a guidance in one of the FAM's (I just read it on Monday, but I cant quote the exact one to you just now - you can email me and I will copy and paste it to you; I have it saved in my email box). But, the guidance was very clear on how a consular/adjudicating officer was to view an AOS petition if the applicant married within 30 days of arriving in the U.S on a B2 visa or after 60 days. There is also the 30/60 rule (more than 30 but less than 60 days) in that same FAM. Research it, it may bring some clarity into how you want to handle this.

[David & Diana R 1,005]

It makes me sick to read the OP's posts.

You are posting to alot of people who did or are still doing everything by the book and served their time being away from their spouse. And here you come, asking us how to beat the system. Really? REALLY????? Do you think we are all happy being separated from our spouses? We would all love to be able to wait in the US together while the files are processed...

I second that! Thanks LoveMyTico.

Aloha Ke Akua

I understand, and i am sympathetic for you and others. please understand, i am not asking how to break the rules. Only asking what are my options, and the best route to take. Honestly.. If you were in my shoes, what would you do? I suspect the same as me. Everything possible within the law, and take advantage of every loophole you could find. right?

You are asking how to break the rules. That's the problem.. The first thing you say is you want your fiance to overstay her current visa.

THANK YOU, great post.

Thanks for the post, but i dont trust lawyers, have read many post here researching this that said the advice from lawyers is sometimes deragatory

thanks, thanks, thanks.

Yeah I agree. Who can trust lawyers? They are all liars and cheats.

[Darnell 8,478]

thanks dave,

actually your answer is music to my ears. questions.... how do we "prove" there was no intent to marry....... how soon after we marry, (asuming we do) do i file this AOS..... and no offense, but how certain are you of your advice?

to other replies..... read please, the GOAL is for her to remain here after marriage, not return and file for papers and be apart a year.

We've a Guide for that.

I invite you to read the GUIDES section, above, nowish.

[feito/feita 1]

Depends on your own integrity.

I could have take advantage of the loopholes since I am from VWP country but I didn't.

Do whatever you want to do, since I suppose you have already made up your mind, just coming to this VJ for people to validate your choice.

autually your wrong. I dont need justification or aproval. i make decisions based on facts, for what is best for me and my family. i dont need approval, or validation.

I do however as i said want the facts, THE PRO'S AND CON'S in order to make an informed decision.

that is all i ask.

i realize some here are upset at this thread. what is wrong with getting some information?

that is all i am asking. i do not look for justification, only information.

Edited September 27, 2013 by feito/feita

[LoveMyTico 999]

autually your wrong. I dont need justification or aproval. i make decisions based on facts, for what is best for me and my family. i dont need approval, or validation.

You came here looking for ways to avoid having your gf leave the country. overstay her B2 visa... Looking for loopholes... Nobody here is going to tell you the best way to break the law.