URGENT: proposing to girlfriend who is due to leave in a week

[confusedURGENT 1]

19 minutes ago, ROK2USA said:

How has your gf been occupying herself during the visits? 
Are you taking PTO or is she able to keep herself busy without you? 
Have a read through this thread to understand the possible implications of adjusting: 

 

She has been spending time with the pets, meeting up with my family and going on walks with the dog, she has a good friend here that she met through myself, they hang out sometimes. She reads a lot and watches shows, has learned some new recipes and is trying to perfect baking bread (her words not mine lol) come to think of it, she's never expressed boredom she just kind of finds things to do. Her only issue has been the public transport system here is not great so to get to the beach she'd have to Uber, walk in the heat or wait for a friend to be available, though that is only an issue while I am at work, and I only work 4 days a week (40hrs, and occasionally an extra 10hrs). But I will read through that for sure, thank you! Do you have any suggestions for when to marry/adjust? As in, within the 90 days legal stay or not?

[HandmadeTurnip 150]

Marry and apply for Adjustment of Status ASAP if she definitely wants to stay. There is no benefit to waiting until her 90 days expires, quite the opposite in fact.

[Crazy Cat 41,884]

7 minutes ago, confusedURGENT said:

As in, within the 90 days legal stay or not?

Within.  Once her I-94 expires, she will be out of status and subject to deportation....married or not.  However, once a proper I-485 package is submitted, she will be granted "authorized stay" in the US until the I-485 is either approved or denied.

 

Step 1:  Marry ASAP

Step 2: Follow this guide below:

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Edited February 20, 2023 by Crazy Cat

[confusedURGENT 1]

2 minutes ago, HandmadeTurnip said:

Marry and apply for Adjustment of Status ASAP if she definitely wants to stay. There is no benefit to waiting until her 90 days expires, quite the opposite in fact.

Wow.. I am glad I posted here then, as the attorney seems to have intentionally misled me during the consultation, in order to make the process harder (so higher cost?). Good to know, I'll speak to my partner about this

[Mike E 11,739]

9 minutes ago, confusedURGENT said:

As for what the attorney said, he didn't say it was a 90 day rule but that marrying AND adjusting status within 90 day period shows prior intent to stay (I think that sounds silly)

IOW he said that her was a 90 day rule. 
 

11 minutes ago, confusedURGENT said:

So, would marrying and filing for adjustment before her legal stay here ends be ok?

yes 

11 minutes ago, confusedURGENT said:

Are there any legal issues to be aware of,

loss of global entry seems like a risk  given you’ve less than a week to get all this done. 
 

11 minutes ago, confusedURGENT said:

and as for what the attorney said, how would we prove there was no prior attempt to stay in the country (that seems like a catch22, how do you prove a negative?).

Again, your attorney is not competent.  
 

The onus is on USCIS to prove she had immigration intent. If there is an I-485 interview, she could be asked if she intended to marry and adjust status. How she answers that can have an effect.  A truthful answer that says “no” will be fine.  The longer her answer, the more likely there will be a problem. 

[Crazy Cat 41,884]

Just now, confusedURGENT said:

Wow.. I am glad I posted here then, as the attorney seems to have intentionally misled me during the consultation, in order to make the process harder (so higher cost?). Good to know, I'll speak to my partner about this

You don't need that attorney for this process.  

[confusedURGENT 1]

1 minute ago, Crazy Cat said:

Within.  Once her I-94 expires, she will be out of status and subject to deportation....married or not.  However, once a proper I-485 package is submitted, she will be granted "authorized stay" in the US until the I-485 is either approved or denied.

 

Step 1:  Marry ASAP

Step 2: Follow this guide below:

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Thank you, it seems the highest concern if filing this way is to prove there was no prior intent to stay, how would you prove a negative? That seems like it can be very subjective to whoever is handling the case 🤔

[Crazy Cat 41,884]

2 minutes ago, confusedURGENT said:

it seems the highest concern if filing this way is to prove there was no prior intent to stay, how would you prove a negative?

There will be no need to prove that.  The subject never comes up in adjustment of status interviews. Ask the attorney how many cases have been denied due to applying within 90 days...Her answer will likely be none. ... If there was a 90 day rule, we would tell you so.  We are telling you that there is NOT a 90 day rule.

Edited February 20, 2023 by Crazy Cat

[confusedURGENT 1]

3 minutes ago, Mike E said:

IOW he said that her was a 90 day rule. 
 

yes 

loss of global entry seems like a risk  given you’ve less than a week to get all this done. 
 

Again, your attorney is not competent.  
 

The onus is on USCIS to prove she had immigration intent. If there is an I-485 interview, she could be asked if she intended to marry and adjust status. How she answers that can have an effect.  A truthful answer that says “no” will be fine.  The longer her answer, the more likely there will be a problem. 

Ok, thank you so much, he was very unprofessional during the consultation so I guess it makes sense now.. he went as far as to calling people oriental and it sounded fetishizing, telling me a long list of personal life stories and a lot more that seems I have blocked out of my memory

[Mike E 11,739]

1 minute ago, confusedURGENT said:

Thank you, it seems the highest concern if filing this way is to prove there was no prior intent to stay, how would you prove a negative? That seems like it can be very subjective to whoever is handling the case 🤔

Intent was decided by CBP at the port of entry.  The burden of proof is not on your future wife. Can USCIS  prove she lied to CBP? You tell us, because you keep bringing this issue up. At a certain point I will have to conclude there was immigration intent. 

[Crazy Cat 41,884]

3 minutes ago, confusedURGENT said:

That seems like it can be very subjective to whoever is handling the case 🤔

We see inaccurate advice from attorneys a lot here.

[Mike E 11,739]

1 minute ago, confusedURGENT said:

he went as far as to calling people oriental and it sounded fetishizing

Good lord.  I think this thread has run its course for me.  Good luck. 

[Crazy Cat 41,884]

7 hours ago, confusedURGENT said:

Ok, thank you so much, he was very unprofessional during the consultation so I guess it makes sense now.. he went as far as to calling people oriental and it sounded fetishizing, telling me a long list of personal life stories and a lot more that seems I have blocked out of my memory

I would forget that attorney.  Instead, read and study the guide I linked earlier.  

 

 

Edited February 20, 2023 by Crazy Cat

[confusedURGENT 1]

4 minutes ago, Crazy Cat said:

There will be no need to prove that.  The subject never comes up in adjustment of status interviews. Ask the attorney how many cases have been denied due to applying within 90 days...Her answer will likely be none. ... If there was a 90 day rule, we would tell you so.  We are telling you that there is NOT a 90 day rule.

 

2 minutes ago, Mike E said:

Intent was decided by CBP at the port of entry.  The burden of proof is not on your future wife. Can USCIS  prove she lied to CBP? You tell us, because you keep bringing this issue up. At a certain point I will have to conclude there was immigration intent. 

Sorry for the confusion @Mike E, yeah my reason for asking is in fact the attorney was talking so much about proving there was no prior intent which got me paranoid about there being an issue like that in which proving so seemed like an impossible task, she had no issues with CBP, in fact during her 2nd visit she panic booked a last minute flight in order to not break any rules (her trip was for 91 days not 90), she is way too anxious of a person (for legal stuff) to intentionally break any rules/laws. Are there any popular threads on this site where someone has gone through this process I could look at? But that first link you gave @Crazy Catcovers everything I would need to know, I'm just curious now on other peoples experiences for this.

 

5 minutes ago, Mike E said:

Good lord.  I think this thread has run its course for me.  Good luck. 

I feel you there.. how do you think I felt in an hour long call, the guy was so unprofessional, thank you for all your advice sir!

[Crazy Cat 41,884]

1 minute ago, confusedURGENT said:

I'm just curious now on other peoples experiences for this.

Adjustment of Status from Work, Student, & Tourist Visas - VisaJourney