Am I in trouble?

patty579

Registered Users (C)
Hi you guys,

I am glad I found this forum, it is so good to see that so many people are as confused about the whole immigration thing as me! And then so many people willing to help! :)

First of all, I went to Infopass with my fiance to ask about my options:

I entered the US on a B2 Visa last October. We decided in January that I should stay here because we really love each other. I had been reading that it is illegal for me to get married and apply for the GC on a Visitor's Visa though, so I had already dismissed that possibility. We were looking into applying for a Fiancee Visa now, which would have meant that I had to go back to Germany when my visa expires (31 March 2006) and then file for the Fiancee Visa.

But the lady at Infopass looked at my passport and visa and said that I-130 and I-485 was an option and even gave me a stack of paperwork for it. I said: "But isn't that illegal?" And she said: "Well, you are circumventing a law." The German as I am, I insisted: "But... doesn't that mean it's illegal?! And the lady smiled at me strangely and said again: "You are circumventing a law." :confused:
It sometimes seems to me as if they really wanted to help you but just can't do anything but give you robotic answers.
It was very confusing, but I really needed to know, so I tried again: "Won't I get in trouble? You know we were looking into the K1 Fiancee Visa thing, too. Isn't that the more legal way?"
And she actually said: "No, you won't get in trouble. The Fiancee Visa thing is almost the same, even in waiting time, it is up to you what you choose to do."

And of course, we chose against being separated and to file I-130.
We haven't filed yet though because my fiance only just got a new job (he was in the Airforce, stationed in Germany for two years, that's how we met) and we just moved to Denver, CO. So we waited with the wedding.

Now I'm confused again, because I'm reading here that you think the CIS is going to get suspicious about my entering the US on a visitor's visa. Am I in trouble or not? I thought the lady at Infopass WAS a CIS-person. Wouldn't she know? I really hadn't planned to get married in the US and stay when I entered. Since I had never been to the US before and thought that I might come back here if it turns out that my boyfriend and me decided to stay together, then I should get to know the country first.

Sorry this is a long thread. What do you think? Any experience with applying for the GC, filed through a USC husband while alien wife entered on a B2 Visa?

I would be grateful for any comments and answers.
Thanks! :)

Patty
 
This lies in the gray area. By applying for a B-visa, you show that you have a non-immigrant intent and plan to return to your country on or before the date on your I-94.

If you enter US using a B visa and get married to a US citizen after 60 days (advised by immigration attorneys), you can apply for AOS and stay in the US till you get your GC. A lot of people here on the forum have done it and also got their GC. Though this is not a recommended procedure as you are circumventing the law, but since you happen to be the immediate relative of a USC, the B visa part of your background would be ignored.

Okay, regarding the 60 days i mentioned earlier... If you get married to a USC within 30 days of your entering US, the USCIS would definitely be suspicious of your intent as you demonstrated a non-immigrant intent when you entered and you might have problems with your AOS. The attornerys advise 60 days to be safe enough.
 
Ok thanks. Well, we didn't even get married yet, so it's way after 60 days.
I'm glad to hear that many people here did it like this and got approved. I just hope we won't have any problems either.

Thanks again for your reply!
 
Hi patty,

don't you worry. It's going to be fine. Get married soon and file for AOS. If you need any help, just send me a message. Auch in Deutsch wenn Du magst.

Rex
 
patty579 said:
Ok thanks. Well, we didn't even get married yet, so it's way after 60 days.
I'm glad to hear that many people here did it like this and got approved. I just hope we won't have any problems either.

Thanks again for your reply!


You should be OK, don't worry :)
 
I Came Here On A Visitor Visa, And I Got My Green Card Through My Husband Who Is A Us Citizen. The Only Thing Is When You Go To The Interview The Officer Will Ask If You Intended To To Stay Or You Intended To Return Home. If You Say You Intended To Stay You Will Not Be Granted The Green Card You Have To Let Them Know That You Planned To Go Home But Something Came Up And You Stayed.

You Will Be Fine
 
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