Contemplating marriage with my USC GF, on B1/B2

D

diogenes

New Member
Hi, this place has been a fount of information, and I have looked far and wide regarding the answers provided here. My question is as follows:

I am a citizen of India, working in Germany since 2002. I met my GF last year and we have been visiting each other regularly over that period, till the separation has just become unbearable, not to mention a great drain on our financial resources with regard to phone calls, travels, lost working time etc.

I have a 10 year valid B1/B2 visa. We plan to get married in early July this year. I plan to visit the US on B2 in May and we will file the I-130 and I-145 right after the marriage to adjust my status.

A few questions we have regarding the same:

1. Would this work? We read from people's prior experiences that marrying within 30 days of arrival in the US on B2 can be construed as fraud, so we would like to wait at least 45-60 days before marriage and filing.
2. How soon would I be able to start looking for work and be eligible to work?
3. Would the extension to stay be granted at the time of filing, since I am given a three month entry grace into the US on a B2 at a time, so entering the US in May would mean I must leave by August as per the time on I-94?

Cheers and thanks!
 
Entering the USA with a non-immigrant visa (such as visitor B1/B2 visa) with the PRECONCEIVED INTENT of filing for AOS will be construed as fraud.

The fact that you "already" have "planned" this and it was not something that happened spontaneously and unexpectedly makes you target for a fraud/misrepresentation at the POE.

If you come to the USA and say to the Immigration Officer, I have come to marry my GF and then file for AOS, you will be sent back... and if you lie about it, they will send you back.

Play safe and file for a K-1 visa.
 
Thanks for your reply. I was unaware of the preconceived intent clause, it seemed rather simple, and I read so many stories of people who did just that. We will go via the K-1 safer route. Any idea how long that takes for processing?
Cheers
 
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