Question regarding preconceived intent..

J

jamesbond911

Registered Users (C)
Hiya..
I am a GC holder and applied for naturalisation last year..Last november I went to India and got married and my wife is on an OPT and was working in a company. She also had a valid offer letter from the company when we were away. We got married and came back to the US w/ no probs entering in. So now I'm hoping to get naturalised soon and then file for my wife ( who is still on OPT which is gonna expire soon). The company is not willing to sponsor H1..

1) If the spouse is in the U.S. lawfully, and there are no issues of preconceived intent regarding the last entry, then it is possible to file the I-130/I-485 together ----> This is what I read in one of these forums. Can somone please suggest if this holds true for us where in my wife entered the US on OPT with a preconceived intent to settle in the US??

2) Also, r there any special procedures to follow for me when I file AOF for my wife as soon as I get naturalised ?

I've been trying to get an answer to this question for along time but to no avail until I saw this very informative forum. Thanks in advance.
 
Pretty confused status...expert opinion needed

Could anyone please suggest me in my above case?? Does anyone see any problems when I file the AOS package for my wife?
Thanks..
 
Hi Swaiting..
Thanks for sending me the link to the above web-site..It does venture into fiancee/spouse entry to the US and what are the different entry risks n potential hazards..
Most of the information pertains to marriage of a green card holder to a person back home n how the spouse can come to the USA on a valid F1 or the case where the spouse cannot come to the US after marriage to a uSC on a tourist visa n file for an AOS here but rather wait for a K1 to come thru..

It does mention that 'Entry w/ preconceived intent is extreme risk for spouse immigration' and hence in my case it is still difficult to say whether my wife whose last entry was on OPT wud be considered as intention to immigrate or not..

Will look for more answers..Pls feel free all for any suggestions..
 
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