For all of us with an Interview date in June-July

are you referring to those who have just applied for a non-immigrant visa to come to the US and then on their first visit here, got married and had an adjustment of status?

i have been going back and forth from my home country to here almost every year since i have family members who live here. that's actually how i met my husband --- his mom is friends with my mom. eventually we began dating, but i'd still go back home when my vacation's over.

this year though when i came for my yearly vacation, he asked me to marry him. distance was becoming unbearable. anyway, since it was all unplanned, m parents even have to fly here as they were out of the country when he proposed.

we got married witihn the 90 days i was admitted here. do you think that would be a problem?

:eek: :eek: :eek:

my husband said it won't since i have been coming to the US regularly and if it was my intention to migrate then i should have done already. i know it's a case to case basis, but i'm hoping that 7 past visits to the US --- and i didn't overstay ever --- is enough proof that i had no intention of migrating -if it weren't for the love of my life asking me to marry him.

what do you guys think?
 
Babybunny, even though JohnnyCash is right and it is always a little or in some cases very risky to adjust status on a visitor's visa, I don't think you have to worry at all.
You are better off than me because as your hubby said you entered the US a lot without overstaying and you didn't even know your husband before, you met him here in America.

I got to know my husband in Germany and I entered the US with him.
On the other hand, I just realized if I had wanted to immigrate then, we could have done it so much more easily through the Airforce in Germany. I know a couple who did it like that and she had her GC in 4 weeks! And I didn't even have to apply for a B2, I could have just gone on the Visa Waiver.

Anyway, back to you. :)
Don't worry, you are just fine! Just remember, if it comes to that question, you DID NOT have an immigrant intent, you met your hubby here and then you decided to get married.
 
BabyBunny,

Pat is right... I don't think you have to worry about - because I saw your signature says that you were on H-1B. H-1B being a dual intent visa should pose any problem to you during the interview, despite the fact that you married within 90 days of your latest arrival in the US.
 
Hi Pat,

I don't mean to stress you out further, but would just like to second JohnnyCash's posts.

We met with a friend of ours, an immigration attorney a few days before our interview - and discovered this issue too - and we were very stressed out.

1) If you were already engaged (or serious about the relationship), on the non immigrant visa application, that information should be revealed (check the fiance box). Not revealing that information, implies that a benefit (the visa) was acquired through "misrepresentation".

Note: the USCIS can obtain the info that was provided in the visa application (from the foreign consulate) if it has been less than a year since the application was made - if I remember right, this is specified in the field manual for adjudicating officers.

2) AoS can be denied since the beneficiary is currently on a visa that was acquired through misrepresentation. If this is found during the interview, the officer may ask the beneficiary to file an I-601 waiver with proof of extreme hardship to the petitioner (the USC).

3)Composing this proof of extreme hardship can be really difficult to do - proof that the USC would suffer very much without the beneficiary can range from medical reasons to emotional reasons (depression etc). (*)

Note: (*) - if you search on this board for "I-601", you will find a post with a link to another site where I-601 cases are discussed in detail.

4) It is my understanding that the above is valid not only for tourist visas, but also for L-1, H-1 (though they are dual intent visas, they begin with the non-immigrant intent at the time of the visa interview, but allow for immigrant intent later).

I second JohnnyCash's advice about being very careful at the time of interview. Hopefully, this will never come up (it didn't for us - I was on an L-1). To be prepared, I'd suggest going over your relationship history together several times (to make sure you are both on the same page), and being very clear about when you got serious about each other, whether you were still exploring the relationship when you came here etc. One way may be to place less emphasis on your relationship before you got here (if possible).

The whole line of questioning may arise if the officer suspects this - say, the marriage happened as soon as (not sure if this is < 90 days ?) the beneficiary entered the country after obtaining the NIV etc.

Hopefully, this issue will not come up with your interview! Good luck to you - now, that you know about this issue, you can prepare yourselves for any possible questions.

Take care,
Priya
 
At this point, I have a small doubt.

I came on a J1 visa in 2002.
Then the company I was "training" with under J1 (one year) decided to keep me and the filed a I-129 petition and I obtain status (not visa) as H1B.
Then after 6 months I got another job offer, the new company filed a new I-129. It got approved. Meanwhile I had to go back to their headquarter in Italy for training and so I finally got my H1B visa stamp on my passport from US Consulate in Milan.

I came back to the US with new visa stamp on June 2004.
I met my future wife on July 10, 2004.
We got engaged on July 9, 2005.
In November 2005 I got another job offer, company filed a new I129 petition, which was approved. I didn't need a new visa stamp, since the old one expires on May 2007.

Is it ok that my H1B status got extended even though I was already engaged last time? I didn't have to apply for a new visa, so I think I should be ok, technically.
 
PriyaB said:
4) It is my understanding that the above is valid not only for tourist visas, but also for L-1, H-1 (though they are dual intent visas, they begin with the non-immigrant intent at the time of the visa interview, but allow for immigrant intent later).

Take care,
Priya
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Hi all,
Ok Now I'm getting really paranoid.
Here is my story, We got married in 2001 (my husband was living in canada and I was in US). I was a GC holder then so I couldn't move to Canada.
But luckily in 2002, his company got him transferred to US on a L1 visa, On his L1 visa application he mentioned this truth from day 1, that he has a GC holder wife, and he also has a pending I-130 application with INS through his wife. He didn't get any trouble at the interview, as L1 is a dual intent visa (or so I thought before reading this above point).
BUt after reading this above post I'm getting really worried. BTW we have our interview next week.
Any thoughts on our situtation??
Thanks
 
running_swede said:
What is your concern, sarrebal? H visas permit dual intent.
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They still ask you, when you file DS-156 or DS-157 at the Consulate, if you are engaged with a US Citizen.

I'm sure I'm ok since I extended my visa (changed employer) while in the US.
 
Sarrebal, did you withhold any information? I extended my J-1 several times while married to a USC. They never questioned me about it, although I always disclosed my USC wife on the forms. I do not think it is a problem when you extend.

ip_everywhere, is pending I-130 really considered immigrant intent? In any case, I would be surprised if you have anything to worry about.
 
Hi ip_everywhere,

You husband has already disclosed his status on the visa application, right - so, there is no problem.

sarrebal - from what you say, you met your wife (July 04) after you got your visa (June 04). And didn't get engaged until a year later. So, I don't see a problem.

To clarify again (sorry didn't mean to scare you all): the suspicion is only if a person is already engaged and fails to reveal this while applying for the non immigrant visa application. This is actually witholding information.

And it may well be a non issue if the officer never ventures into that line of questioning.

- Priya
 
Oh my goodness, I started a little wave of paranoia! :D Sorry about that you guys. But honestly, you all have dual intent visas. I know that Priya said that problems could arise because of that twisted immigrant intent issue. But I highly doubt that any of you will get in trouble for that!!

I would sleep a lot better if I had come with an H1 or an L Visa, believe me!! :D :D

BTW, thanks for your post Priya, of course you unsettled me again, but we made up our minds now and we are gonna go to that interview and be honest with our relationship, if asked. Otherwise we will keep quiet.
Of course there is the fact that we had been living together in Germany.
But we have reason to believe that they will believe my good intents. As I said before, if I had wanted to immigrate then, I could have just got a GC so much more easily and a lot faster in Germany, through the Airforce. I didn't have to go through all this, and I knew back then because I have a friend who got her GC in Germany in 4 weeks after she got married to her Army husband. I didn't even think about all that, because the thought of marriage was still far away for me.

Thanks for your suggestions about 601. I hope I will never have to look further into it, but it's good to know about possibilities!

I'm praying that it's all gonna be fine.
 
i think we're all paranoid/worried simply because all our interviews are coming up. :rolleyes: and i don't think the paranoia will ever stop until we all are done with our interviews. that's just the way it is.

i don't think anybody has felt really ready for the interview... especially when it will decide the fate of one's stay here.

my husband told me earlier, if he can have my sleepless nights, he will. :) between him and me, i'm the worrywart.
 
yikes. i just checked my passport, i was mistaken. i don't have an H1-B as i first said. i have a b2 visitor visa.

i have had my visa since i was 5 years old so i haven't really checked on what kind of visa i have.

now that i got it straightened out that i have a b2 visa, do you think i have a problem?

in my defense, i have had my visa since i was 5 year old. if i have had migration intent, i should have done so years ago. so i think i'm good even if i married my boyfriend less than 90 days on the last time i came here. and i have been going back and forth -- 7 trips in the last 9 years should support that as well.

i was telling my husband earlier that if only we can wake up 2 months after so we would have known what the result is and it'll be all over. the wait for the interview is antagonizing.
 
patty579 said:
Oh my goodness, I started a little wave of paranoia! :D Sorry about that you guys. But honestly, you all have dual intent visas. I know that Priya said that problems could arise because of that twisted immigrant intent issue. But I highly doubt that any of you will get in trouble for that!!

I would sleep a lot better if I had come with an H1 or an L Visa, believe me!! :D :D

BTW, thanks for your post Priya, of course you unsettled me again, but we made up our minds now and we are gonna go to that interview and be honest with our relationship, if asked. Otherwise we will keep quiet.
Of course there is the fact that we had been living together in Germany.
But we have reason to believe that they will believe my good intents. As I said before, if I had wanted to immigrate then, I could have just got a GC so much more easily and a lot faster in Germany, through the Airforce. I didn't have to go through all this, and I knew back then because I have a friend who got her GC in Germany in 4 weeks after she got married to her Army husband. I didn't even think about all that, because the thought of marriage was still far away for me.

Thanks for your suggestions about 601. I hope I will never have to look further into it, but it's good to know about possibilities!

I'm praying that it's all gonna be fine.
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Hi Pat,

Good for you ... I'm sure the interview will go fine. If as you say, the thought of marriage was still far away - that's the way to go if asked at the interview. And makes perfect sense too.

Good luck to you!

- Priya
 
babybunny said:
yikes. i just checked my passport, i was mistaken. i don't have an H1-B as i first said. i have a b2 visitor visa.

i have had my visa since i was 5 years old so i haven't really checked on what kind of visa i have.

now that i got it straightened out that i have a b2 visa, do you think i have a problem?

in my defense, i have had my visa since i was 5 year old. if i have had migration intent, i should have done so years ago. so i think i'm good even if i married my boyfriend less than 90 days on the last time i came here. and i have been going back and forth -- 7 trips in the last 9 years should support that as well.

i was telling my husband earlier that if only we can wake up 2 months after so we would have known what the result is and it'll be all over. the wait for the interview is antagonizing.
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Hi babybunny,

If you've had the visa that long, obviously the misrepresentation issue does not arise at all, right ? As I said earlier, its only a problem if you know at the time of the visa interview that there is a fiancee, and you withhold this info in order to get the non immigrant visa. You got the visa so long ago!

Good luck to you!

- Priya
 
patty579 said:
Good luck fedup! When you feel nervous, keep breathing deeply and try imagining the officer naked, that will sure loosen you up a little! At least that's what I do when I'm nervous and it works! :D

Good luck again and keep us posted!! :)
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Oh boy... i dont wanna be around when you are nervous... :eek: :eek: :eek: :eek: :eek: :eek: :p :p
 
payala said:
So yesterday I received this in the mail, it's just another form with a list of required documents for the interview. I don't know if it's only for my DO but it seems like a good doc to show to all of you guys.

I wonder how fedup did in the interview....
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This looks totally different from what i received last year. Thanks for sharing.
 
JohnnyCash said:
You're welcome, ari.

Yeah, I've been away from this site for a long time. I guess too much fishing. ;).

However, I don't visit this site that often since January of this year except making few postings here and there in a few months gap depending upon the availability of my time.

I'm sure you are enjoying having your American "Green Cash", I mean Green Card. :)

You have been a kind soul who deserves all the appreciation and blessing.

Wish you the best.
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thank you. See you around :)
 
Pat, you are worrying too much. Im sure JohnnyCash is only trying to prepare you for the worse. Remember the dont ask dont tell policy during the interview. Unless there is a major complication to your case or if you are trying to hide something, you shouldn'y be worried about a denial. You will be given a chance to prove yourself before your case is denied.

Take it easy, i have read of a lot of people in similar situations as you and they had no problems at all adjusting status, and i am hoping that you wont have any problem either.
 
ari4u said:
Oh boy... i dont wanna be around when you are nervous...
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lol
It's not like I have x-ray eyes... :D Although in your case I wish I did! :p :D :D

Thanks again for your support Ari. And again... what would be considered a "major complication"?!
 
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