married while waiting for k1 process

[aaron2020 11,651]

I looked it up that was interesting, its crazy how many people say opposite things on here lol

It's shocking that people think they are immigration experts after learning a few things. They think they have all the answers.

People are pointing out that if she did not have the preconceived intention, then it's okay. The implication is that if she did have preconceived intent, then it would not be okay. That's just plain wrong. Under Matter of Battista and Matter of Cavazos, even if she did have the intent to immigrate, it doesn't matter. USCIS can not deny her AOS as the Immediate Relative of a USC even if she had the intent to immigrate. Having the intent to immigrate will not be an issue under Battista and Cavazos.

Your wife could have had the intent to immigrate all along, and it still would not matter. USCIS can not deny her AOS for preconceived intent.

Edited August 31, 2015 by aaron2020

[Jo Së 200]

I looked it up that was interesting, its crazy how many people say opposite things on here lol

You are right, you will get different answers in this website, some people will attack you without even contributing to the original question because they think that what you are doing is wrong.

To answer you question though, yes, you can get married while she is here and apply for AOS, many have done it before without an issue.

It's shocking that people think they are immigration experts after learning a few things. They think they have all the answers.

People are pointing out that if she did not have the preconceived intention, then it's okay. The implication is that if she did have preconceived intent, then it would not be okay. That's just plain wrong. Under Matter of Battista and Matter of Cavazos, even if she did have the intent to immigrate, it doesn't matter. USCIS can not deny her AOS as the Immediate Relative of a USC even if she had the intent to immigrate. Having the intent to immigrate will not be an issue under Battista and Cavazos.

Your wife could have had the intent to immigrate all along, and it still would not matter. USCIS can not deny her AOS for preconceived intent.

Agree with all of this.

[raven52 233]

This is quite interesting, and all I read is "honesty and forth coming" from the OP.

As the lead MOD said, you can do this, (Penguin) but there is some draw backs.

If you marry,

your spouse cannot travel for several months. Where are her personal items, maybe some one can send them to her.

she cannot work, until the EAD is issued, and filed after you marry.

after her visa, she cannot travel until AP is issued, during AOS process. This AOS can take many months for her Green Card and EAD/AP combo card comes.

It is some hassles, but depends on you and yours, and your wants, needs, and your priorities.

I would think you have some hard decisions to make, but You seem very intelligent, and can handle it.

At this point, all I can say is good luck, and please let us know what you happen to do with this.

[Yoveeta 36]

My friend got married on tourist visa. Thing is as long as you can prove that you had no intent to get married on your visit, you should be ok. But here is the tricky part - by filling your k-1 you already showed intention to married.. So there is slight possibility to be rejected

[Transborderwife 4,666]

My friend got married on tourist visa. Thing is as long as you can prove that you had no intent to get married on your visit, you should be ok. But here is the tricky part - by filling your k-1 you already showed intention to married.. So there is slight possibility to be rejected

Wrong. Intent is not enough to deny aos