Urgent: AOS from H2B questions

[Sy_ 0]

Hi there,

I'm asking this question on behalf of my cousin who is currently in the US on an H2B visa. He has had a bunch of them and during his time here met a girl he loves dearly and wants to settle down with. I've recently gone through the K1 visa so am somewhat familiar with the AOS process. His timeline is as follows:

H2B Issued 02 March 2007 - Expired 15 Nov 2007

H2B Issued 29 March 2011 - Expired 30 Nov 2011 (B1 Extension applied for mid November I left in the early 2012. He was allowed to stay in the country during the process. Going home cancelled the process)

H2B Issued 09 March 2012 - Expired 15 Nov 2012

H2B Issued 23 May 2013 - Expires 01 Dec 2013

Now the kicker is that they have had a lease together on a rental property since early 2011 and they got engaged in Dec 2011.

I know if they get married he can they apply for an AOS from his H2B. My question is if he does this application how does he prove that he was getting married for the right reasons and not trying to skirt around immigration laws which he hand on his heart is not?

Any advice is much appreciated.

Thanks,

Sy

[Harpa Timsah 13,258]

He will show proof of a bona fide relationship in his initial package and at his interview, just like everyone else

[Boiler 46,166]

Same way you did.

[Sy_ 0]

Sorry guys I don't think I was specific enough.

How does he prove that he didn't come to the US on his last H2B visa with the intent of marrying? My concern is the part around in the guides where it says:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

[Harpa Timsah 13,258]

He doesn't have to prove it. They might ask him about it at his interview, he tells his story. That's all.

[Boiler 46,166]

Sorry guys I don't think I was specific enough.

How does he prove that he didn't come to the US on his last H2B visa with the intent of marrying?

He does not have to.