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I need some good vibes, please

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  • I need some good vibes, please

    Hi everyone,

    I've been monitoring this forum for a while, however this is my first post. I recently read a New York Times article that is disturbing to me. In short, the State Dept. is instructing CBP, USCIS and Consular Officers to assume visa fraud if a status is adjusted within three months. If a nonimmigrant comes to this country, falls in love and marries within 3 months to a US citizen, and applies for status adjustment, it is now assumed the applicant lied about their intention for the visa.

    I am worried about this deeply for personal reasons. My foreign partner and I recently got married. He came to the US on a six-month tourist visa. We met, dated, fell in love and were married. We filed concurrent applications for I-130 (Petition for Alien Relative), I-485 (Adjustment of Status), and I-765 (Application for Employment Authorization). While we married after this three month period (we married between months 4 and 5 of his visa) I am deeply concerned this will embolden USCIS officers reviewing our case to assume he fraudulently applied for a visa. He didn't, we are very much truthfully married. We live together, I am currently in the process of adding him to my health insurance (I will do that once the I-765 is approved) his name is on my checking account, we are very much living a married life.

    Here is our timeline:

    2/9/17 - Future spouse arrives in US
    6/20/17- We are married
    7/24/17- USCIS receives I-130, I-465, and I-765
    8/17/17- Request for Initial Evidence sent to me (they asked for an English translation of his birth certificate)
    9/5/17- Request for Initial Evidence received

    That's where we are at so far. Does anyone have any words of encouragement they can throw my way? I would really appreciate it.

    Thanks.

  • #2
    I should probably also note that my husband originally applied for the tourist visa to visit his ailing father who was living in the US. Unfortunately, his father died a week or so before the visa was issued. He can get documentation to show that he applied for the visa for this purpose. He also has the documentation to prove hw was his father (birth certificate) as well as the documentation to show that he passed away (obituary)

    Even though he was issued the visa after his father's death, he still wanted to come to the US to visit with his family and for some tourism, so he kept the visa.

    We had been chatting online since before he came to the US and met in person when he arrived.

    Do you think this would be evidence enough to show that he did not commit visa fraud?

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