B1 visa holder getting married to a U.S. citizen. B1 visa holder is Vietnamese.

[kimho]

When a person with a B1 visa getting married to a U.S. citizen (getting married in California after 3 months from the date the B1 visa holder entered the U.S.), and the package of Adjustment of Status are filed afterward; however, considered under legal view, will the case always be considered as fraud even though under laymen term the love is true and the marriage is bona fide and can be proved as requested?

Thanks friends,

[ramz]

B1 visa holder getting married to a U.S. citizen. B1 visa holder is Vietnamese.

No, unless you can't prove your marriage is bona fide, but if it's bona fide you have nothing to worry about just gather all your evidence when going for the interview , I got married on a B1/B2 visa 1 day after I got to the US which wasn't planned but because me and my husband was able to prove we had a bona fide marriage we were approved at the interview. So all I can say is just prepare yourself very well and gather as much document as you can. Goodluck. We didn't use any lawyer , filed everything our selfs but the forum really helped in preparing for the interview etc so as long as you ask question you will always get answers here.

[rayb]

How did you reach the conclusion that your marriage and Adjustment of Status application would be considered as fraudulent? What you did is quite normal and allowed for Green Card processing, so long as you can prove that the marital relationship is genuine.

--Ray B

When a person with a B1 visa getting married to a U.S. citizen (getting married in California after 3 months from the date the B1 visa holder entered the U.S.), and the package of Adjustment of Status are filed afterward; however, considered under legal view, will the case always be considered as fraud even though under laymen term the love is true and the marriage is bona fide and can be proved as requested?

Thanks friends,

[kimho]

Thank you so much for the replies. My husband has a 3-year old boy with his previous marriage (divorced in 2012), and the little boy is staying with his ex-wife in Vietnam. In this case, should I file the I-130 for my husband only, or should I concurrently file two I-130s for him and his son as well?

--Kim H.

[rayb]

If you are a U.S. citizen petitioner, you must submit a separate I-130 for the child. The child is not included with the husband's I-130 for a derivative visa, unless you are a Green Card petitioner and the husband would then be considered "quota slot' eligible and allowed family members to have derivative visas.

--Ray B

Thank you so much for the replies. My husband has a 3-year old boy with his previous marriage (divorced in 2012), and the little boy is staying with his ex-wife in Vietnam. In this case, should I file the I-130 for my husband only, or should I concurrently file two I-130s for him and his son as well?

--Kim H.

[kimho]

If you are a U.S. citizen petitioner, you must submit a separate I-130 for the child. The child is not included with the husband's I-130 for a derivative visa, unless you are a Green Card petitioner and the husband would then be considered "quota slot' eligible and allowed family members to have derivative visas.

--Ray B

I am U.S. citizen. But Ray, would the location of where the child is staying and where his father is staying be a conflict for the interview process? The interview will be in the U.S. because I am in the U.S. and my husband is in the U.S.. The child should be in the U.S. too if I file a I-130 for him, is that not right? In that case, should we come back to Vietnam to get the little boy to the U.S.? Or that's not necessary?

[rayb]

The child will have be processed in Vietnam, but your husband needs to give Power of Attorney to a relative there to handle the child's legal requirements (passport, medical, Embassy interview).

You probably can't get the child a visitor visa to come to the U.S. to be processed, as "intent to immigrate' will already be a matter of record.

--Ray B

I am U.S. citizen. But Ray, would the location of where the child is staying and where his father is staying be a conflict for the interview process? The interview will be in the U.S. because I am in the U.S. and my husband is in the U.S.. The child should be in the U.S. too if I file a I-130 for him, is that not right? In that case, should we come back to Vietnam to get the little boy to the U.S.? Or that's not necessary?

[kimho]

The child will have be processed in Vietnam, but your husband needs to give Power of Attorney to a relative there to handle the child's legal requirements (passport, medical, Embassy interview).

You probably can't get the child a visitor visa to come to the U.S. to be processed, as "intent to immigrate' will already be a matter of record.

--Ray B

Thanks Ray, that's what I was guessing, too. We will follow as instructed.

[kimho]

No, unless you can't prove your marriage is bona fide, but if it's bona fide you have nothing to worry about just gather all your evidence when going for the interview , I got married on a B1/B2 visa 1 day after I got to the US which wasn't planned but because me and my husband was able to prove we had a bona fide marriage we were approved at the interview. So all I can say is just prepare yourself very well and gather as much document as you can. Goodluck. We didn't use any lawyer , filed everything our selfs but the forum really helped in preparing for the interview etc so as long as you ask question you will always get answers here.

Thanks ramz!

Kindest Regards,

--Kim H.

[kimho]

Many people suggest while my husband's I-485 is being processed, he should not travel outside of the U.S. (even though I-131 Advance Parole will be filed), they say because if in case the USCIS denies the application or doesn't approve the application in the U.S., my husband would have to go back to his home country, and his file will be processed there. Is that right? Or depends on the situation. He wishes to go back for a short time (2 weeks) because he still has one project to take care and hand over before he officially resigns.