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Filed: H-1B Visa Country: China
Timeline
Posted

I read a post that one of the mistakes people make is that they get married right after they enter US. That will signal the immigration officer as a potential fraud. I assume that applies to people who have fiance visas. I have been living here for 10 years and now on H1b. We travel internationally 5-6 times a year for fun. We are planning to go to Chile for Christmas and get married on Jan 1, 2017. That is because of tax reasons, we don't want to get married this year.

The marriage on Jan 1 would be a very simple one. While a big and elaborate ceremony will be hosted in China during the summer. This is a real marriage. We travel constantly and have thousands of pictures from all over the world.

First, is this okay that I plan to get married on Jan 1, right after our vacation in Chile? (No family members are expected to attend)

Second, do you think I can leave in the summer to get married in China? (His families are planning to fly to China, along with hundreds of guests)

Any perspectives are appreciated!

Thank you,

Hills

Posted (edited)

What you are referring to (looking suspicious for getting married almost immediately upon arrival) is the assumption that people arriving on tourist visas who get married soon after arrival and subsequently adjust status might look suspicious as it might look like the intention was to marry and stay all along.

But it's not necessarily the case that people who get married soon after arrival look suspicious. There are far more checks in place to accertain the bona fides of a marriage than the date it took place. A quick marriage doesn't necessarily mean a fraudulent one.

You have nothing to worry about. It's not completely true what you've read and even if it were, it wouldn't apply to your situation.

*~*~*moved from "AOS from family-based visas" to general immigration discussion. Topic is not visa-category specific*~*~*

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

also, you're on H1B, which allows "dual intent". So if that visa is still valid for a while longer, go ahead and travel for Christmas.

When you apply for AOS, make sure you also apply for an EAD/AP card (i-765 and i-131). If your green card is still pending in July, you will most likely be able to travel on AP since that takes about 90 days to process. Just make sure you don't wait too long to file after you get legally married (mine took 95 days). If you apply for a GC and it doesn't come through before July but you travel on your visa, you'll have to start all over again since leaving the country while the AOS is pending is considered "abandoning your petition".

Posted

Youve been here for ten years...

You are ok ;) i would think anyway.

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

 
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