Applying I-130 and AOS for wife, any issues?

O

orbital

Registered Users (C)
Hi, so here is the situation. My wife and I got married abroad, and at that time I had a green card and she had a Visitor visa (5 year multiple entry), but already had medical residency interviews lined up in the US before we got married. After marriage, we both came to the US together, me on green card and her on her visitor visa which later got converted to H1-B (and currently is).

Now that I'm a citizen, and want to file for her AOS green card, will there be any issues where the USCIS might think that my spouse's intentions were not right when she came to the US on a visitor visa? Is it safe to apply for her and go forward?

This is the part from http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 that is worrying me:

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.?
 
Your wife is on H1-B which allows dual intent and such you should have no problems related to intent.
 
AzBlk said:
Your wife is on H1-B which allows dual intent and such you should have no problems related to intent.
Click to expand...

Even though she got the H1-B after 6 months of being in the US (although before her tourist visa expired)?
 
If there's a problem, she will not able to convert to H1B and now since she's a H1B holder, there shouldn't any issues for you to petition her for GC even if she had illegal stays becuase you are a USC.
 
So basically it boils down to you proving that your marriage is genuine.
Do that and you'll be fine. The visa situation should not be an issue.
 
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