AOS from B2 tourist visa by marriage: how long to wait for wedding?

[illinoisjoe 1]

Hi guys, my argentinian girlfriend just became my fiance and now we want her trip her to be forever. She arrived on April 29th, I proposed last week, and now we're itching to get married and start the process of AOS and getting her EAD. The thing is, we're worried about the appearance of visa fraud and we've heard different things about the advisable time to wait before getting hitched. Any advice? anecdotes? horror stories?

Thanks in advance!

Edited June 4, 2014 by illinoisjoe

[Harpa Timsah 13,258]

No waiting time.

[kefir10 3]

I would see an immigration lawyer to be safe.

[Harpa Timsah 13,258]

Lots of rumors, no facts, that suggest waiting.

[Erica & L 52]

Visa fraud is only relevant if she came here with the intent to immigrate, not if she came for a visit and your circumstances changed and you decided to propose and pursue a life here.

My wife and I arrived on June 25th, 2013. Got married on September 25th, 2013 and filed AOS Febuary 12th 2014.

There's no waiting time. The sooner you get the process rolling the better.

[mike281 1]

There is also no hurry to get the process started. Once you file your AOS documents, she is legal to stay while the case is pending. It is a pretty straight forward process, and as long as you can read and write English, you can file AOS without the help of an attorney.

[JohnR! 5,495]

Hi guys, my argentinian girlfriend just became my fiance and now we want her trip her to be forever. She arrived on April 29th, I proposed last week, and now we're itching to get married and start the process of AOS and getting her EAD. The thing is, we're worried about the appearance of visa fraud and we've heard different things about the advisable time to wait before getting hitched. Any advice? anecdotes? horror stories?

Thanks in advance!

The only thing that matter is the nature of your relationship. If it is a real relationship you have nothing to fear, for no matter what scrutiny the USCIS may subject you to, they will find nothing to object. Go for it. Congrats and good luck!

[Snag 57]

Hi guys, my argentinian girlfriend just became my fiance and now we want her trip her to be forever. She arrived on April 29th, I proposed last week, and now we're itching to get married and start the process of AOS and getting her EAD. The thing is, we're worried about the appearance of visa fraud and we've heard different things about the advisable time to wait before getting hitched. Any advice? anecdotes? horror stories?

Thanks in advance!

I think if you were to get married the moment you got off the plane... Well... It would look a little suspicious, y'know. Especially if she came over with a white wedding dress stashed in her carry-on. But, it sounds like she's been here for almost six weeks. My husband and I knew within two weeks of my arrival that we were probably going to get married on my trip. We planned a decent, modest wedding for three months after my point of entry date - to play it safe and give friends and family a chance to breathe and blink. We filed three months after that, one day overstay. Our interview was three months after we had filed. All the officer did was look at photos from the wedding and say my dress was lovely (no American uses that word so that's not completely true), and asked some sporadic questions. She asked my husband what my father did for his career and asked me where his mother lived. Piece of cake.

Be honest. If you have nothing to hide, you'll be fine. I knew my intentions were definitely not to marry that farm town boy from the mid-west on my trip to the US. I didn't even know that I could legally marry him when I came over; we were about to file for the K1. I was guiltless and conscience was clear. That's what matters when you step inside that uniformed interview box.

Edited June 5, 2014 by Snag

[illinoisjoe 1]

Visa fraud is only relevant if she came here with the intent to immigrate, not if she came for a visit and your circumstances changed and you decided to propose and pursue a life here.

My wife and I arrived on June 25th, 2013. Got married on September 25th, 2013 and filed AOS Febuary 12th 2014.

There's no waiting time. The sooner you get the process rolling the better.

I guess I'd heard that they establish that "intent to immigrate" in part by how soon after her arrival we got married and applied to change status.

[Harpa Timsah 13,258]

I guess I'd heard that they establish that "intent to immigrate" in part by how soon after her arrival we got married and applied to change status.

You heard wrong