Need help giving advice to a friend!!!!!!

[Jrozzler 17]

So my friend is trying to navigate the visa process for keeping her fiance in the states. He is currently here on a work visa and they are engaged. They want to do an AOS but the problem is that they already knew each other and dated before he came over on his work visa. I told her that this wouldn't be a good idea because he would be violated his intent for the work visa right? in order for AOS to work smoothly they would need to prove that they didn't know each other before he came to work. otherwise it looks like he trying to use a non-immigrant visa to immigrate. 

 

What is the best solution for them?? I had suggested applying for a K1 while he is here and then once his work visa expires he can leave, get approved and then come back, get married and then file for AOS. Not sure if thats the best option and he is adamant about NOT leaving the states.

 

Thanks for your help!!!

[igoyougoduke 1,656]

if he is on work visa they cant do AOS. has he filed a green card ? what is the exact status ? 

 

she cannot enter on a non immigrant visa to get married and settle down with AOS. that would be fraud 

[Jrozzler 17]

So i mispoke, He has a tourist Visa not a work visa. No green Card

[iy2020 118]

Intent was determined at POE. If her fiancé is already in the US, they can AOS. 

[Jrozzler 17]

5 minutes ago, iy2020 said:

Intent was determined at POE. If her fiancé is already in the US, they can AOS. 

Youn dont think USCIS will dig farthr into their past and see proof of relationship before he even came over?

[iy2020 118]

5 minutes ago, Jrozzler said:

Youn dont think USCIS will dig farthr into their past and see proof of relationship before he even came over?

No, it shouldn’t be an issue. Like I said, intent was determined at POE, so CBP determined that her fiancé had no immigrant intent at the time, otherwise he wouldn’t have been admitted. Situations change all the time, that’s why AOS exists. If you take a look at other posts, you’ll see that many people have adjusted from B2 or ESTA without issues. 

Edited May 20, 2021 by iy2020

[Dashinka 24,512]

6 minutes ago, Jrozzler said:

Youn dont think USCIS will dig farthr into their past and see proof of relationship before he even came over?

They might ask questions, but if he is in the US right now, they can marry and adjust legally.  

 

https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

 

[mushroomspore 3,044]

8 minutes ago, Jrozzler said:

Youn dont think USCIS will dig farthr into their past and see proof of relationship before he even came over?

I adjusted from B2. A quick search on this forum will show many many threads discussing this. It is legal for B2 visa holders or people on B2 status to adjust status if their circumstances changed post-entry. It is only illegal if he planned before entry on B2 to marry his US citizen significant other and then to stay to AOS. Most work visas allow AOS too, btw. USCIS will not ask about intent because intent is determined at the border. They asked me nothing about entering on B2, what my intentions were, etc. Interview was 5 questions and all about things like spouse's birthday, spouse's parents' name, day/times/events of marriage. 

Edited May 20, 2021 by mushroomspore

[mushroomspore 3,044]

32 minutes ago, igoyougoduke said:

if he is on work visa they cant do AOS. has he filed a green card ?

It would depend on the work visa. A bunch of them are dual-intent, meaning people can AOS. 

[Crazy Cat 41,887]

9 minutes ago, Jrozzler said:

Youn dont think USCIS will dig farthr into their past and see proof of relationship before he even came over?

They never do.  There is nothing illegal or improper in adjusting status after marriage  if there was no intent to stay and adjust status when he entered the US.  Many, many members here have done so without any issues. 

[Jrozzler 17]

thank you all for. your replies.

[Crazy Cat 41,887]

Direct 

12 minutes ago, Jrozzler said:

Youn dont think USCIS will dig farthr into their past and see proof of relationship before he even came over?

Direct your friend to this link:

 

 

[Crazy Cat 41,887]

54 minutes ago, Jrozzler said:

So my friend is trying to navigate the visa process for keeping her fiance in the states. He is currently here on a work visa and they are engaged. They want to do an AOS but the problem is that they already knew each other and dated before he came over on his work visa. I told her that this wouldn't be a good idea because he would be violated his intent for the work visa right? in order for AOS to work smoothly they would need to prove that they didn't know each other before he came to work. otherwise it looks like he trying to use a non-immigrant visa to immigrate. 

 

What is the best solution for them?? I had suggested applying for a K1 while he is here and then once his work visa expires he can leave, get approved and then come back, get married and then file for AOS. Not sure if thats the best option and he is adamant about NOT leaving the states.

 

Thanks for your help!!!

The only potential issue I see is if he misrepresented himself (lied) when he applied for the visa or if he misrepresented himself (lied) when he entered the US.  If not, then I don't see any real problems.

 

He should be aware that he cannot work or leave the US for as many as 8-12 months after submitting an I-485.

Edited May 20, 2021 by Lucky Cat

[mushroomspore 3,044]

5 minutes ago, Jrozzler said:

thank you all for. your replies.

I'd recommend your friends make their own accounts here and read the guide listed by Lucky Cat. The only things that USCIS really cares about for AOS applicants are: 1. truthfulness about criminal history, 2. truthfulness about past entries into USA (whether you entered illegally or legally or both at any point in time), 3. bonafide relationship and marriage. They don't have the time and resources to ask each couple to prove their entire timeline. And even if they did, knowing a couple's exact timeline by itself would not necessarily PROVE something like fraud and other crimes. And there is no such requirement like, "Couple must not have known each other before past entry" for adjustment of status or visas. And logically, it's a little counter-intuitive since a couple who has not known each other for long is more likely to come across as suspicious to USCIS than a couple who have known each other for a while. Even then, there have been couples who met and got married super quick and were approved for AOS with no issues. 

[retheem 566]

4 hours ago, Jrozzler said:

So my friend is trying to navigate the visa process for keeping her fiance in the states. He is currently here on a work visa and they are engaged. They want to do an AOS but the problem is that they already knew each other and dated before he came over on his work visa. I told her that this wouldn't be a good idea because he would be violated his intent for the work visa right? in order for AOS to work smoothly they would need to prove that they didn't know each other before he came to work. otherwise it looks like he trying to use a non-immigrant visa to immigrate. 

 

What is the best solution for them?? I had suggested applying for a K1 while he is here and then once his work visa expires he can leave, get approved and then come back, get married and then file for AOS. Not sure if thats the best option and he is adamant about NOT leaving the states.

 

Thanks for your help!!!

AOS as soo as yesterday