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Hi,
My sister is getting married to a guy from Italy whose VW expires 3 days after the wedding. A lawyer has advised them to file for AO after the marriage even waiting a year to do so. My future brother in law used to come and go from the US even overstaying his visa, this was before 9/11 and then entered the US once again after and overstayed too. He did not return to the US until recently but the lawyers say that, since he entered the country lying (in the VW questionnaire they asked if he has ever overstayed or something like that) because he said no, he would looked negatively in the eyes of the Immigration Officers and he can be deported right after the interview. So, they prefer to wait for a year after they get married and then he will apply for the adjustment of status. Isn't this worse? He will be overstaying his visa and instead will be here illegally than applying immediately to adjust his status. The reasoning the lawyers gave them is that it doesn't matter if they apply before or after the VW is expired but that now their union will be seen as "too green" meaning too young and it will look better if they proof they were together for a year or more. In the mean time he will be in this country without being able to drive or work although money isn't an issue since he has good amount of savings. What would be the safer road to take? get married as they plan and then file for AO immediately? or wait. Could he really be deported right after the interview if they know he lied in order to come to the US this last time?
TIA!!!
My sister is getting married to a guy from Italy whose VW expires 3 days after the wedding. A lawyer has advised them to file for AO after the marriage even waiting a year to do so. My future brother in law used to come and go from the US even overstaying his visa, this was before 9/11 and then entered the US once again after and overstayed too. He did not return to the US until recently but the lawyers say that, since he entered the country lying (in the VW questionnaire they asked if he has ever overstayed or something like that) because he said no, he would looked negatively in the eyes of the Immigration Officers and he can be deported right after the interview. So, they prefer to wait for a year after they get married and then he will apply for the adjustment of status. Isn't this worse? He will be overstaying his visa and instead will be here illegally than applying immediately to adjust his status. The reasoning the lawyers gave them is that it doesn't matter if they apply before or after the VW is expired but that now their union will be seen as "too green" meaning too young and it will look better if they proof they were together for a year or more. In the mean time he will be in this country without being able to drive or work although money isn't an issue since he has good amount of savings. What would be the safer road to take? get married as they plan and then file for AO immediately? or wait. Could he really be deported right after the interview if they know he lied in order to come to the US this last time?
TIA!!!
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