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Hi,
After living with my wife for four years in Sweden she want to study in US and I am currently in the US visiting on a Visa Waiver in order to help her get settled. We had planned for me to work in Sweden for the first year waiting for my I-130. However, I have learned that I can file I-485 and I-130 while on Visa Waiver since I am her immediate relative (married). My concern is the intent-question. I did not know of this option when I entered the US so my intent was to visit and go back home. If I file now and they challenge me it will be my word against theirs wether I knew or not. Most cases that are similar people go to the US and get married within the 90 days then file. My case is different since we have been married for many years already. Does anyone have comments in regards to wether they will challenge my intent or does anyone have similar experiences?
Thanks in advance,
Andrew
After living with my wife for four years in Sweden she want to study in US and I am currently in the US visiting on a Visa Waiver in order to help her get settled. We had planned for me to work in Sweden for the first year waiting for my I-130. However, I have learned that I can file I-485 and I-130 while on Visa Waiver since I am her immediate relative (married). My concern is the intent-question. I did not know of this option when I entered the US so my intent was to visit and go back home. If I file now and they challenge me it will be my word against theirs wether I knew or not. Most cases that are similar people go to the US and get married within the 90 days then file. My case is different since we have been married for many years already. Does anyone have comments in regards to wether they will challenge my intent or does anyone have similar experiences?
Thanks in advance,
Andrew
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