R1 to F2A with time & intent as considerations

[Mindstormer 0]

Hi everyone,

 

So I've searched the forums and web extensively, and have not found a situation quite the same.

 

Context:

I received my green card a couple months ago through the diversity lottery. The adjustment of status for permanent residence I filed through my R-1 employment after 2yrs was approved a few weeks after I got it via the lottery. Prior to my R-1, I graduated in the US on an F-1, and prior to that, I was on an R-2. I never exited/re-entered during each of those transition, and if I had, I realize that would have been complicated as each new visa was not in my passport since they were adjustments.

 

I got to know an Australian on an R-1 just under a year ago, and we have since kept in communication. She recently got a new R-1 approved after being out of the US for the last 6 months teaching english as a missionary in Lebanon. Since she wasn't out of the US for more than a year, her new R-1 has been approved for 30 months (2.5yrs) with the possibility of extending 1.5 years (so a total of 4yrs instead of 5yrs).

 

Questions:

I've not spoken to her about engagement specifically because I recognize an R-1 is a non-immigrant visa, and I would not want to do anything that would be considered visa fraud to get her deported. That said, she will likely be working here in the US for the next 4yrs, and I can definitely see myself wanting to move this relationship further and propose, however, the first question I have is:

1a. While I recognize it is fraud to enter the US with immigrant intent when coming on a non-immigrant visa, is there provision for one to get married in the process of time and for intent to change? I assume yes, as that is why AOS exists.

1b. If so, how long would she have to be here without any change of intent so as to prevent being flagged? Is there a recommended number of days/months/years before marriage could occur? I've heard 90 days minimum from one lawyer, but I'm wondering if anyone has practical experience?

 

I realize that the moment any intent changes, she would not be able to leave and re-enter on an R-1 anymore, however, it is my understanding that it is not illegal to have a change of intent in the process of time (hence other AOS applications). It is also my understanding that she could remain in the US legally as long as her R-1 visa is valid, provided she does not exit and try to re-enter (because re-entering on an R-1, she would have to state continued non-immigrant intent, which would then be untrue).

 

2. Would filing an F2A nullify an R-1 and mean she would have to leave the country until approved, even though she has a perfectly good job she's needed for, or would it function kind of like an AOS?

 

Any insight/feedback is much appreciated.

 

Edited May 2, 2017 by Mindstormer

[Mindstormer 0]

I'm wondering if there was a better section I should have posted this in. This seemed a closest fit, though not perfect.

[Boiler 46,124]

Intent is assessed on entry.

[Mindstormer 0]

On 5/6/2017 at 8:39 AM, Boiler said:

Intent is assessed on entry.

Thanks, I do realize that. Hence questions 1b and 2.