What would this be regarded as?

[finity 0]

Hi Guys, I have been a long time reader of this forum and have in the past read some very interesting posts/thread about VWP + AOS.

I would like to start off by summarising our situation and leaving out the unnecesary details.

I met my GF online, we started chatting and we just felt like there was a connection.

A few months down the track, I decided to go and visit her with my mom (culture) on a VWP , and we instantly fell in love after meeting face to face.

Then a couple of months later, she came over to Australia to visit me and my family with her mom.

Say for instance, a marriage was planned, and a ceremony was all planned way before in time, BUT, the spouse had no intentions to STAY and AOS after the wedding, but apply for a spouse visa in Australia.

A week in USA, spouse flies over with his family, cousins and friends from all over the world for the wedding were invited and attend the wedding, and we got married.

Spouse would have returned back to Australia and his job after marriage.

After meeting with a few lawyers in USA, they recommended AOS, since the intention to stay and AOS was never there, and it would be cheaper to do that, plus the fact being with the wife nd not being apart too.

How would the IO feel about this situation?

Does this feel like a geniune case of AOS, becuase to me it does, and it is a geniune bona fide marriage.

I would like to hear some opinions.

Thanks

[aaron2020 11,651]

A wedding in the US that was planned long ago.

Don't look at this through your eyes. Look at your situation through the eyes of an immigration officer.

Sure looks like your fiancee came to the US for her wedding and to stay.

Magically after arriving in the US for this wedding planned over many months, she suddenly decided to stay? Not believable.

[finity 0]

Sure looks like your fiancee came to the US for her wedding and to stay.

Thanks, but what if we have prove that the intended spouse was returning?

[christeen 966]

If you planned a big wedding then they stay and file AOS... That is fraud... And I think you know that... You can lawyer shop all you like and I am certain you can find a lawyer to tell you that it is OK, but it is not and the fact you are here asking demonstrates you know that... The loophole is for "spontaneous" decisions and a big bells and whistles weddi g with family flown in is certainly not "spontaneous" don't risk it...

Big wedding in the USA... Ok... But she must leave before her visa expires and process from her country

[finity 0]

If you planned a big wedding then they stay and file AOS... That is fraud... And I think you know that... You can lawyer shop all you like and I am certain you can find a lawyer to tell you that it is OK, but it is not and the fact you are here asking demonstrates you know that... The loophole is for "spontaneous" decisions and a big bells and whistles weddi g with family flown in is certainly not "spontaneous" don't risk it...

Big wedding in the USA... Ok... But she must leave before her visa expires and process from her country

But how, if we can prove it there was no intention to stay?

[mngoalie 10]

But how, if we can prove it there was no intention to stay?

That would be tough to prove if you ask me.. you flew everyone here for the wedding, wedding was planned for months..

you can try an AOS, but if its found to be fraud, there would be a ban, possibly forever, for visa fraud. Is it worth the risk?

If it were me, its better to be apart awhile, then risk never being able to come back.

Plus, remember, the lawyer giving you this advice gets paid no matter what happens, and he doesn't care if you spouse gets banned or not.. he gets his cash either way..

[EM_Vandaveer 2,417]

You can plan to have the biggest wedding ever. You can't plan to stay and AOS. The size of the wedding has nothing to do with possible immigrant intent.

[EM_Vandaveer 2,417]

Also people on VJ tend to forget that USCIS folks don't deny cases for intent ALONE.

Edited October 4, 2013 by EM_Vandaveer

[finity 0]

You can plan to have the biggest wedding ever. You can't plan to stay and AOS. The size of the wedding has nothing to do with possible immigrant intent.

Thank you, this is sort of answer I was looking for.

There was no plan to stay and AOS, as in written in the original post.

Also people on VJ tend to forget that USCIS folks don't deny cases for intent ALONE.

Cheers, makes me feel a little better now

[christeen 966]

So the plan was to get married then have her return home to process the visa? Then all is OK... Seemed you were asking if you two got married then she decided not to return to her country and tried to AOS ... You can get married here in the USA... No rules against that... Have as big of a weddi g as you wish... However, she must return to process the immigrant visa...

[finity 0]

So the plan was to get married then have her return home to process the visa? Then all is OK... Seemed you were asking if you two got married then she decided not to return to her country and tried to AOS ... You can get married here in the USA... No rules against that... Have as big of a weddi g as you wish... However, she must return to process the immigrant visa...

I was talking about changing plans later to adjust status after a planned wedding, when there was NO INTENT before hand to do so.

[christeen 966]

I was talking about changing plans later to adjust status after a planned wedding, when there was NO INTENT before hand to do so.

Then that is misrepresentation and could result in a ban... Right now, you are saying that she is going to change her mind, therefore she obviously has intent and it is not a spontaneous decision... You know that what you are planning is cheating the system and you are playing with hypotheticals which are really not hypothetical, they are your intent, thus risk a ban... You don't need anyone here on VJ to clear your conscious ... If you want to take the risk of a ban, that is your decision but I would weigh the risk...

[finity 0]

Then that is misrepresentation and could result in a ban... Right now, you are saying that she is going to change her mind, therefore she obviously has intent and it is not a spontaneous decision... You know that what you are planning is cheating the system and you are playing with hypotheticals which are really not hypothetical, they are your intent, thus risk a ban... You don't need anyone here on VJ to clear your conscious ... If you want to take the risk of a ban, that is your decision but I would weigh the risk...

We are here both here together now, after the planned wedding, married and my spouse's annual leave still doesnt run out until 2 weeks time.

[christeen 966]

We are here both here together now, after the planned wedding, married and my spouse's annual leave still doesnt run out until 2 weeks time.

OK...Great for you.... Sorry, I did not send a wedding gift... So after all the planning and the ceremony... You can now file for the CR1 visa and she goes back to finish the processing as you entered with uscis understanding that this was the intent ... Or... You file for AOS and hope that uscis does not look at the fact that you planned this big wedding, flew in family and in reality, all along, you just planned on staying and not actually leaving... Could work, but then again, it might not work. And a C/O gets suspicious and feels that you were taking advantage of a loophole... I guess then you take the ban and go live in your wife's country or hire lawyers and try to fight a ban.. But is is is not that naive and if it walks like a duck and quacks like a duck.... Still your choice...

[Xanax 349]

Most likely your AOS will be approved, they will ask at the interview if you planned to AOS in the country after the wedding and if you say "no" they have to prove otherwise.

Sidenote: It does sound fishy but you will probably get away with it. If you don't then your new spouse will have to return and you'll file for a CR1. It all depends on the risks you're willing to take.