Questions about AOS for fiance coming here on B1/B2 visa. She has NO intent! Help!

[jatink129]

Hello all!

Have been googling this stuff for ages and came across this website and saw all the helpful comments, so figured I'd put forward some of my queries as well.

~~The Back Story.~~

We met in the U.S when she was here for a conference (she recently got her PhD in molecular genetics)...And fell in love immediately.
She has visited me 1-2 times a year and I have flown to her (when she lived in U.K) many times.
We've been together for 2 years and counting now...

When she was here in April, I asked her to marry me and she said yes.
We planned to get married in India in early 2016 (we're both Indians.)
Since then she visited me again in June, and when asked at immigrations, honestly declared that she was here to meet her fiance and had no problems entering because she's on a 10 year visa and had entered and exited multiple times, proving her good intent.

I currently hold a green card and have applying for naturalization. If all goes according to plan, I should be naturalized by January.
I am also not extremely settled right now. I am currently working part-time while I study for my USMLE and get a residency here.

She plans to visit me in February and knows about the naturalization.
What she DOES NOT KNOW about is that I plan to ask her to get married (hopefully civil and church, if not then atleast civil), and stay here with me forever.
Because I am done with doing this long distance thing. I'm also done with saying goodbye.
I have no idea how this is going to go down with her since she's been applying for jobs in India right now. Plus her mother will totally hit the roof.
_________________________________________________________


~~My Questions~~

1. My fiance has no intent to get married. I do. Is this a problem? She will simply say she's here to visit me like she has always.

2. Since she won't be getting vacation time for a long time once she gets a job in India, she plans to come here for 3-4 months, instead of the usual one month. Will this be a problem at immigration?

3. So I understand that I can file the I-130 and I-485 together. Would it hurt my case if I got my mother to act as an additional sponsor, since I probably won't be able to show enough funds...?

4. Would it be a problem if my mother is not a citizen but only a green card holder? (She's been here for over 10 years and has long since been eligible but just doesnt want to lose her Indian Citizenship)

5. I see that I'd need to provide her birth certificate with a notarized translation...I'm going to need to figure out how to convince her to bring it along without raising any suspicion. My question is, when will we get it back?

6. I read up on the 30/60/90 rule, and would you recommend waiting 90 days? or just 60 is enough?

7. Once she comes here and we get married, I'll make her a joint account holder at the bank with me, which I think can be done even if she's on a tourist visa. What else? The lease for the place is in my mother's name. I can always get my and her name added to it. The landlord is cool. But how important is it that I do this?

8. I know that she can't stay her for more than 6 months at one time on a B1/B2 visa...But considering that I'm going to wait 2-3 months from the time she enters to do this, and then the whole AOS process takes another 4-5 months, would it be okay if she goes past her 6 month deadline?

9. Would she need to wait to be successfully adjusted before she can work? Or is there a way for her to get work before? I am only looking for legal ways. If there isn't, I don't want (and I'm sure she wouldn't either) to do this illegaly or through a loop hole, and risk her chances of getting a green card.

10. Apart from the questions that I've asked above...what other things do we need to take into consideration? This is not a sham wedding, and nor is she with me to get a green card, so we are not going to have trouble answering personal questions about each other, but I would appreciate knowing what else I/we need to be prepared about?



Sorry for the long list, but I'd rather ask my questions than go ahead based on confused or conflicting data.
Thank you.

[rayb]

JA,

Please see my responses to your 10 questions in CAPS after each question:

Hello all!

Have been googling this stuff for ages and came across this website and saw all the helpful comments, so figured I'd put forward some of my queries as well.

~~The Back Story.~~

We met in the U.S when she was here for a conference (she recently got her PhD in molecular genetics)...And fell in love immediately.
She has visited me 1-2 times a year and I have flown to her (when she lived in U.K) many times.
We've been together for 2 years and counting now...

When she was here in April, I asked her to marry me and she said yes.
We planned to get married in India in early 2016 (we're both Indians.)
Since then she visited me again in June, and when asked at immigrations, honestly declared that she was here to meet her fiance and had no problems entering because she's on a 10 year visa and had entered and exited multiple times, proving her good intent.

I currently hold a green card and have applying for naturalization. If all goes according to plan, I should be naturalized by January.
I am also not extremely settled right now. I am currently working part-time while I study for my USMLE and get a residency here.

She plans to visit me in February and knows about the naturalization.
What she DOES NOT KNOW about is that I plan to ask her to get married (hopefully civil and church, if not then atleast civil), and stay here with me forever.
Because I am done with doing this long distance thing. I'm also done with saying goodbye.
I have no idea how this is going to go down with her since she's been applying for jobs in India right now. Plus her mother will totally hit the roof.
_________________________________________________________


~~My Questions~~

1. My fiance has no intent to get married. I do. Is this a problem? She will simply say she's here to visit me like she has always.

IT'S BEST IF SHE DOES NOT SPEAK OF HER INTENTION TO VISIT YOU, AS THAT CAN STILL BE INTERPRETED AS 'INTENT TO IMMIGRATE,' WHETHER TRUE OR NOT.

2. Since she won't be getting vacation time for a long time once she gets a job in India, she plans to come here for 3-4 months, instead of the usual one month. Will this be a problem at immigration?

NO, NOT A PROBLEM WITH ENTERING THE U.S. BUT YOU CAN'T ADJUST HER STATUS IF SHE HAS TO RETURN TO INDIA IN 3 MONTHS TO CONTINUE WORKING.

3. So I understand that I can file the I-130 and I-485 together. Would it hurt my case if I got my mother to act as an additional sponsor, since I probably won't be able to show enough funds...?

ONLY FILE THE I-130 IF SHE IS GOING BACK TO INDIA TO WORK, AS SHE WILL BE CONSIDERED TO HAVE 'ABANDONED' HER ADJUSTMENT PROCEDURE AND YOU'LL LOSE THE $1,070 FEE. MOM CAN BE A CO-SPONSOR.

4. Would it be a problem if my mother is not a citizen but only a green card holder? (She's been here for over 10 years and has long since been eligible but just doesnt want to lose her Indian Citizenship)

GREEN CARD HOLDERS CAN BE SPONSORS.

5. I see that I'd need to provide her birth certificate with a notarized translation...I'm going to need to figure out how to convince her to bring it along without raising any suspicion. My question is, when will we get it back?

FOR THE SUBMITTAL OF I-130, ONLY PHOTOCOPY OR SCAN OF HER BIRTH CERT IS NEEDED, THOUGH AT HER ACTUAL ADJUSTMENT INTERVIEW, SHE WILL NEED ORIGINAL, CERTIFIED VERSIONS OF ALL CIVIL DOCUMENTS.

6. I read up on the 30/60/90 rule, and would you recommend waiting 90 days? or just 60 is enough?

THERE IS NO '30/60/90' RULE. THAT IS SOMEONE'S OPINION OF HOW REVIEWERS EVALUATE APPLICATIONS, BUT IS SIMPLY NOT BORNE OUT BY MY EXPERIENCE WITH PROCESSING CONVERSION PACKAGES.

7. Once she comes here and we get married, I'll make her a joint account holder at the bank with me, which I think can be done even if she's on a tourist visa. What else? The lease for the place is in my mother's name. I can always get my and her name added to it. The landlord is cool. But how important is it that I do this?

EVERYTHING HELPS, BUT FOR THE SUBMITTAL OF INITIAL I-130 AND I-485, LEASE AND BANK ACCOUNT DOCUMENTS ARE NOT NEEDED, THOUGH THEY WILL BE NEEDED AT HER INTERVIEW, IF IN THE U.S.

8. I know that she can't stay her for more than 6 months at one time on a B1/B2 visa...But considering that I'm going to wait 2-3 months from the time she enters to do this, and then the whole AOS process takes another 4-5 months, would it be okay if she goes past her 6 month deadline?

YOU CAN SUBMIT THE I-130 AND I-485 IMMEDIATELY, IF YOU ARE NATURALIZED, AND HER B2 VISA EXPIRATION WON'T MATTER. SHE IS IN A PROTECTED MODE ONCE YOU HAVE SUBMITTED HER PAPERWORK AS A NATURALIZED PETITIONER. YOU CAN ALSO SUBMIT THE I-130 IF YOU ARE NOT NATURALIZED, THEN HAVE IT AMENDED WHEN YOU BECOME NATURALIZED, THUS CHANGING HER STATUS FROM A 'QUOTA' CLASS TO 'IMMEDIATE PRIORITY' CLASS.

9. Would she need to wait to be successfully adjusted before she can work? Or is there a way for her to get work before? I am only looking for legal ways. If there isn't, I don't want (and I'm sure she wouldn't either) to do this illegaly or through a loop hole, and risk her chances of getting a green card.

SHE CAN LEGALLY WORK WHEN SHE GETS HER INTERIM WORK AUTHORIZATION ABOUT HALFWAY THROUGH THE 6-MONTH ADJUSTMENT PROCESSING PERIOD.

10. Apart from the questions that I've asked above...what other things do we need to take into consideration? This is not a sham wedding, and nor is she with me to get a green card, so we are not going to have trouble answering personal questions about each other, but I would appreciate knowing what else I/we need to be prepared about?

THERE WON'T BE ANY SERIOUS QUESTIONS ABUT LEGITIMACY OF RELATIONSHIP UNTIL HER ACTUAL ADJUSTMENT INTERVIEW, AT WHICH TIME YOU WILL NEED T HAVE AMPLE PROOF OF RELATIONSHIP, COHABITATION AND COMMINGLING OF FINANCIAL AFFAIRS.

--Ray B



Sorry for the long list, but I'd rather ask my questions than go ahead based on confused or conflicting data.

ALL GOOD QUESTIONS, WHICH ARE EASIER TO ANSWER THAN SOMEONE ASKING 'HOW TO START.'

Thank you.