I-130/I-485 for a future spouse currently on B2

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dima2ooo

Registered Users (C)
I am considering marrying someone who is on B-2 in the country. The route we are contemplating is to get married in the U.S. and file I-130/I-485 from here. This has recently been suggested to us by a lawyer.

I have also considered applying for a fiance visa for her using I-129F as discussed here
http://forums.immigration.com/showthread.php?318211-GC-and-marriage-experience-needed

The lawyer I consulted, however, said there is no risk of running into issues of the future spouse coming on B-2 and applying for green card from the U.S. His rationale was that she did not marry right away, but rather stayed in the country a while and then decided to marry. He was pretty adamant about it.

I would like more input on this: if we were to get married in the U.S. and file I-130/I-485 concurrently, would that:

1. give her legal grounds to stay in the U.S. after her current I-94 runs out?

2. the issue of completing the immigration in the U.S. From the lawyers words it wouldn't be a problem. Other opinions, experiences on that?
 
It's hard to say without a timeline of events so far. Did you already know each other before she entered? From the same place? Already engaged? What was her reason to come as a "tourist"? What did she do? Where did she stay when she arrived until now?

In other words, is your story going to hold up to scrutiny on the immigrant intent issue?
 
We did know each other. We aren't from the same place. Not engaged. Her reason - travel, see the country. She stayed various places, including other people's (not mine).
 
Well, If your marriage is real, Nothing bad will happen, Yes , she can stay after her I 94 gets expired if you file for I130/I 485. make sure you have all the documents of wedding. make sure you have a big gathering, Not a wedding in Vegas> LOL. with 10 people, and say i dont have money for a big wedding.
 
It is real and she certainly did not intend to immigrate previously. It just appears that doing the fiance visa is an extra step on top of what it to be done. I don't see the point of it and neither did the lawyer. So, why do it.

I guess 10 people is considered big in the U.S. Other part of the world, it's more like a 100:)
 
dima2ooo said:
It is real and she certainly did not intend to immigrate previously. It just appears that doing the fiance visa is an extra step on top of what it to be done. I don't see the point of it and neither did the lawyer. So, why do it.

I guess 10 people is considered big in the U.S. Other part of the world, it's more like a 100:)
Click to expand...

That poster siad NOT with [just] 10 people.
 
Did she obtain the visa recently (less than 6 months ago)? If yes, on the visa application did she say she has a fiance in the US?

It could be problematic if she didn't mention a fiance and gets married and files for AOS soon after applying for the visa.
 
BigJoe5 said:
It's hard to say without a timeline of events so far. Did you already know each other before she entered? From the same place? Already engaged? What was her reason to come as a "tourist"? What did she do? Where did she stay when she arrived until now?

In other words, is your story going to hold up to scrutiny on the immigrant intent issue?
Click to expand...

Do these issues come up in the application process or in the interview? I am not quite sure why they would scrutiny an application if there is nothing illegal or even unusual about it.
 
Jackolantern said:
Did she obtain the visa recently (less than 6 months ago)? If yes, on the visa application did she say she has a fiance in the US?

It could be problematic if she didn't mention a fiance and gets married and files for AOS soon after applying for the visa.
Click to expand...

She applied for a visa about a year ago so far as I know. She never mentioned any fiance since we were not engaged at that time. Btw, the lawyer asked a similar question. He seemed to think that the longer it is after she get a visa and enters the less likely it is to cause problems.
 
dima2ooo said:
She applied for a visa about a year ago so far as I know.
Click to expand...

Look at the visa itself and you will see the exact issue date.

Btw, the lawyer asked a similar question. He seemed to think that the longer it is after she get a visa and enters the less likely it is to cause problems.
Click to expand...

If she gets married soon after getting the visa, it creates the appearance that she was already engaged when applying for the visa.
 
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