Our AOS situation

[FluffyBalls 52]

 

This April 2017 I started taking Chinese lessons online. My online tutor and I became really good friends to the point where we would talk everyday for several hours, and an obvious romantic relationship evolved. I decided to go visit her in Hong Kong for 8 days in early September. Mid October she arrived in the USA to visit me (on a B2 visa) for what we thought would be 2 weeks. Then we changed the return ticket to 2 months from her arrival. Now we’re seriously considering getting married in February 2018 (4 months after her arrival) and applying for AOS in March 2018 (5 months after her arrival). She can stay in the USA until mid April 2018.

 

1. We had only spent ~8 days together before her coming to visit me. Marriage wasn’t even discussed before she entered the US. Could our AOS be scrutinized? At the airport they only asked her why she was coming (“to visit my boyfriend”), how long she would stay (“2 weeks” - the original return ticket) and if she was bringing in any food (“no”) afaik all answers were 100% honest.

2. If the AOS is denied, my understanding is she will incur an overstay and will essentially be deported. Can we still try to get go the CR1 route down the road, or will this be extremely complicated?

3. If we marry and the AOS is approved, she’d like her 8 year old daughter to come live with us down the road. Would the CR2 visa be the most appropriate route here? This would give my girlfriend ~1 year to settle in, find a job, learn to drive etc.

 

I’m not worried at all about proving a bonafide relationship or the financial requirements.

 

Is there any other general advice that you guys can offer? I’m starting to stress out about this and thinking about going the K1 route, but I did consult with a lawyer who said we “should” be fine to marry and AOS.

[payxibka 10,045]

As long as your intentions were as described you should be fine to adjust her status

[azblk 338]

10 hours ago, FluffyBalls said:

 

 

This April 2017 I started taking Chinese lessons online. My online tutor and I became really good friends to the point where we would talk everyday for several hours, and an obvious romantic relationship evolved. I decided to go visit her in Hong Kong for 8 days in early September. Mid October she arrived in the USA to visit me (on a B2 visa) for what we thought would be 2 weeks. Then we changed the return ticket to 2 months from her arrival. Now we’re seriously considering getting married in February 2018 (4 months after her arrival) and applying for AOS in March 2018 (5 months after her arrival). She can stay in the USA until mid April 2018.

 

1. We had only spent ~8 days together before her coming to visit me. Marriage wasn’t even discussed before she entered the US. Could our AOS be scrutinized? At the airport they only asked her why she was coming (“to visit my boyfriend”), how long she would stay (“2 weeks” - the original return ticket) and if she was bringing in any food (“no”) afaik all answers were 100% honest.

2. If the AOS is denied, my understanding is she will incur an overstay and will essentially be deported. Can we still try to get go the CR1 route down the road, or will this be extremely complicated?

3. If we marry and the AOS is approved, she’d like her 8 year old daughter to come live with us down the road. Would the CR2 visa be the most appropriate route here? This would give my girlfriend ~1 year to settle in, find a job, learn to drive etc.

 

I’m not worried at all about proving a bonafide relationship or the financial requirements.

 

Is there any other general advice that you guys can offer? I’m starting to stress out about this and thinking about going the K1 route, but I did consult with a lawyer who said we “should” be fine to marry and AOS.

You will be fine. Intentions do not matter this point. She can AOS and cant not be denied for preconceived intent.

[FluffyBalls 52]

Thanks to both of you - 

 

Any insight as to what will happen if AOS is denied (for any reason)?

[Dashinka 24,499]

1 hour ago, FluffyBalls said:

Thanks to both of you - 

 

Any insight as to what will happen if AOS is denied (for any reason)?

Nothing wrong about asking this, but it would be hard to answer hypothetically.  We would need to understand the actual reason for denial, so I would do some searching on Google to get some idea.

 

As to the original question, I will echo that you can marry and adjust accordingly.  Just keep in mind that until either the AP or GC are in hand she will not be able to re-enter the US if she were to leave.

 

Good Luck!