Marriad Out of USA and filed in USA

C

csm

Registered Users (C)
Hi,

I met my wife the US, she was visiting her sister on a B1/B2 visa. We decided to get married back home because of our families, at that time I was a Green Card holder. Once we got married she came with me as a visitor and once I got my Citizenship I applied for her; she was never out of ststus.

Now we are getting ready for her AOS interview in Sacramento, CA. As our date is approaching, I am starting to become a bit worried as of why I applied for her in the US and not back home. Do they care where we applied? Did we do anything illeagal?

Thanks a lot for your help.

DO Sacramento, CA
2/15/06 Mailed Application to Chicago lockbox
2/17/06 RD
3/24/06 F/P
5/30/06 AOS Interview
 
It doesnt matter to them. Whatever the best option under the prevailing law was available you chose that option.
If the marriage is legitimate and you both are living together then nothing can harm you even if she was out of status in the past.

Good Luck and cheer up.



csm said:
Hi,

I met my wife the US, she was visiting her sister on a B1/B2 visa. We decided to get married back home because of our families, at that time I was a Green Card holder. Once we got married she came with me as a visitor and once I got my Citizenship I applied for her; she was never out of ststus.

Now we are getting ready for her AOS interview in Sacramento, CA. As our date is approaching, I am starting to become a bit worried as of why I applied for her in the US and not back home. Do they care where we applied? Did we do anything illeagal?

Thanks a lot for your help.

DO Sacramento, CA
2/15/06 Mailed Application to Chicago lockbox
2/17/06 RD
3/24/06 F/P
5/30/06 AOS Interview
Click to expand...
 
There might be an issue since she came into the US on a tourist visa after you two were married. You just need to hold to your guns if you are asked about it and tell them she had no intention of staying in the US, she only came to visit, and you decided to get married in the spur of the moment after she was already in the country.
 
sometime2006 said:
There might be an issue since she came into the US on a tourist visa after you two were married. You just need to hold to your guns if you are asked about it and tell them she had no intention of staying in the US, she only came to visit, and you decided to get married in the spur of the moment after she was already in the country.
Click to expand...

however, the oP clearly said he married with his wife back home when he was a green card holder. it was not just "spur of the moment" after she was already in the country. they married, and she came to US with the vistor visa.
 
sometime2006 said:
The intent still remains a question.
Click to expand...

of course, i do not think she could get a visitor visa unless she did not disclose all truth on the visa application form.
 
First of all, that spur of the moment is only if the person entered in a B1/B2 visa or other non-immigrant visa with no dual intent and gets marry with a US citizen. In his case he was a green card holder that married overseas and IF the officer at the POE asked her about her intentions like "to whom you come to visit?" and she stated that was coming to visit her husband there is nothing wrong about it (and that is IF the POE asked about it), if the officer let her in and later on they decided that he petition for her after naturalization there is nothing wrong or against the law for that matter. Her overstay is clearly forgiven under the law. Actually there is nothing under the law that says that a green card holder spouse cannot come to visit the US. And that is why the Adjustment of Status exists so if the person is ALREADY in the US (and enter legally of course) can adjust their status under the different circumstances.

In the case that she did not has a visa before and apply for it and she was married already with him well they knew that she was married with a green card holder. She anyway had to disclose that fact.


Good luck,
 
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