Hi Team,
I'm on an H1B visa (initially came on F1 -> H1B since 5+ years). I have my i140 approved. and recently got married to someone who is currently in the USA on tourist visa (B2) from India. I made sure not to get married before her 90 day period. We actually went above 120 days for safety reasons and then got the court marriage done.
The company's Legal Team is saying --
Basically, 9 FAM 302.9 explains that if an individual engages in conduct inconsistent with their nonimmigrant status within 90 days of visa application, the immigration officer may presume that the applicant made a willful misrepresentation to a consular officer. If someone engages in conduct inconsistent with their status after 90 days in the U.S., that does not mean that an immigration officer cannot still find that the applicant made a willful misrepresentation to an immigration officer based on the facts. It just means there is no automatic presumption of misrepresentation. In other words, there is still risk.
A finding of a misrepresentation could lead to your spouse being inadmissible for a green card in the future, or lead to an immigration bar to the U.S.
Just looking for experienced folks here to guide / advice and share any information they can on this as I'm evaluating whether to apply from the USA or ask her to go back to India then apply from there?
