we already filed all the paper work for aos but my husband is having 2nd thoughts and want to file a spouse visa instead

[moreau7683 0]

Hello, we just got married at the start or October, which was 2 weeks before the 90 days was up. My husband entered on a visa waiver from France. Anyways, we filed all the relevant paperwork and sent the check to the Chicago lockbox and now he is having second thoughts, because he thinks I should file a spouse visa for him instead. I don't know what to tell him, except that I think he is overthinking it and that everything will be fine. He wants to know if it's possible to stop the process and have me start over by filing a spouse visa, which i think is a terrible idea. I need some good advice.

Thanks.

[Peter_Pan 661]

Can you prove he didnt have intent to marry when he entered the US? Did he quit his job, sold his flat, brought extra luggage here and so on?

[moreau7683 0]

he does not own an apartment, so he did not sell property. His lease ended. He is a freelance photographer and graphic designer, and he is still working on a music video for a Parisian band. He brought only his laptop and one suitcase. His cat is with his parents. He has no job to quit, and his work can be done as long as he has an internet connection (dropbox). His clients are based in France, like he was until we married. He had a round trip ticket. His bank accounts, family, and friends are still in France.

[moreau7683 0]

Neither of us had marriage on our mind, until his departure date was approaching. We just didn't want to be apart. My family is very happy for us, and they really like him--he has met all of my family already. I don't know exactly what proof is considered valid, but because he brought so little clothes we had to shop for new shirts, pants, and underwear.

[Peter_Pan 661]

You should be fine, but you will have an interview, and if you dont convince them that he did not intent to immigrate, you'll be in deep sheet (I believe it translates in a lifetime ban).

[mrjack 9]

I saw it is going to be fine. You waited until almost his waiver was up and you couldn't stand be to apart. I think this is exactly what AOS is meant for. No worries.

[Harpa Timsah 13,258]

There is no reason tow worry. It probably won't even be brought up. Intent to immigrate is not a negative of enough factor to deny an AOS case by itself, and you don't need to prove he didn't have intent, USCUS has to prove that he did. Onus is on them, and it only matters if he lied at POE.

So, nothing you said sounds like you did anything wrong, so there is nothing to worry about, and he will have a GC soon if you stay on this path.

[ValerieA 350]

Why does he think you should file for a spousal visa? It would mean more expense, waiting, time apart...is there an emotional reason, like he wants to go back to France for a bit and can't wait the 3-5 months it will take to get a green card?

[moreau7683 0]

He is just very worried about any chances of getting denied, which I think are completely overblown. I told him that it would look bad if we abandoned the process now, because the Chicago lockbox has already received the forms. Don't get me wrong, he does miss his family and friends and want to see them but what I think is that since we already sent the AOS forms with the check, it's a bad idea to abandon the process and start over with a spouse visa. He thinks that's more of a "slam dunk", but I think it's actually worse since we have to explain why we abandoned the aos forms. Honestly, I'm not picky one way or the other but I do think that since we already sent the forms, we need to stick with it. That said, any advice from people who have been through this before would be very helpful.

[Kristina&Baz 0]

Personally, I'd stick to the AOS if I were you. Besides losing a bunch of money for nothing, if you DID decide to refile for the IR-1/CR-1, I believe it would come up that you had previously petitioned for him in the forms, which would make it look like he was refused the first time around. Not a good look. As long as you can prove that there was no intent to marry and immigrate before arriving in the US, you should be okay.

[Harpa Timsah 13,258]

He is just very worried about any chances of getting denied, which I think are completely overblown. I told him that it would look bad if we abandoned the process now, because the Chicago lockbox has already received the forms. Don't get me wrong, he does miss his family and friends and want to see them but what I think is that since we already sent the AOS forms with the check, it's a bad idea to abandon the process and start over with a spouse visa. He thinks that's more of a "slam dunk", but I think it's actually worse since we have to explain why we abandoned the aos forms. Honestly, I'm not picky one way or the other but I do think that since we already sent the forms, we need to stick with it. That said, any advice from people who have been through this before would be very helpful.

If you have a real marriage and if he is not inadmissible in some other way (criminal, etc) then you will not be denied. There are no secret gotchas. Both paths lead to a GC so one is not more guaranteed than the other.

[clem 2]

Hey

I arrived from France on a K1 fiance visa. The visa took forever to be delivered so at some point my fiance met with an immigration attorney in order to see if there was a better way.

The logic is the following:

- either you enter the US with a visa and the intent to get married

- or you enter the US with a visa waiver programm for France and no intent of getting married.

If you can prove that your fiance had no intention of getting married when he entered the country (no job to leave, no appartment to sell...) then you did not break the law since he did not lie to the immigration officer who probably asked him something like 'business or pleasure?'

it happens that couples make the decision without anticipation.

[Boiler 46,172]

If he has no concerns about the Immigrant Visa then he should have no concerns about AoS. Same issues.

Perhaps he would feel more comfortable hearing it from a Lawyer?

[Leo7777 243]

Hello, we just got married at the start or October, which was 2 weeks before the 90 days was up. My husband entered on a visa waiver from France. Anyways, we filed all the relevant paperwork and sent the check to the Chicago lockbox and now he is having second thoughts, because he thinks I should file a spouse visa for him instead. I don't know what to tell him, except that I think he is over thinking it and that everything will be fine. He wants to know if it's possible to stop the process and have me start over by filing a spouse visa, which i think is a terrible idea. I need some good advice.

Thanks.

You never specified what 'all the relevant paperwork' meant.

Several seem to think you filed AOS, but you never clarified that.

[moreau7683 0]

Yes, it was AOS.