help for fresher

[freshbisous]

hello everyone,

 

I have business visa for one year multply. now my B/F is in sealta USA. i can go there for marriage use my business visa. but some people suggestion me that: better make sure i go USA use bussiness visa or as a fiancee apply for visa or other type, coz once i go there apply for green card , my business visa expired. and which step can get it quicker ?

 

i appreciate if anyone can help.

 

freshbisous

[Guest Rob & Jin]

technically thats considered "visa fraud" to enter on a business/student or visitor visa with intent to marry/stay then apply for AOS.

 

good luck

 

 

K-1 is legal about 9-11 months from filing

Edited November 26, 2008 by Rob & Jin (see edit history)

[Sebastian]

a 'fresher' ? that's an indian term, actually. are you chinese???

 

mmmmmmmmm wot Rob Said..

 

FWIW, if you come in on ENTREPRENUER visa (1 mil in cash in hand) then there is no restriction for getting married, is no visa fraud.

Edited November 26, 2008 by Darnell (see edit history)

[warpedbored]

Welcome to CFL, It doesn't matter what country you are from you are welcome here. The information you will find applies to all countries but is geared towards China's unique consulate.

The law is if you enter the country with the intent of getting married then it is visa fraud. If you enter the country for the purpose of doing business and once here you and your sweet heart can no longer retrain yourselves and in the heat of passion decide to get married then that is perfectly legal. The key word here is intent. Now once the two love birds have tied the knot they can file AOS. She is perfectly legal here as long as she doesn't leave the country until the AOS is approved. If she does she might not be able to re-enter. This is when the adjusting officer weighs the evidence at hand. If he believes you no problem. To be honest I have never heard of anyone being denied. I did it myself with my first wife. She came here on a tourist visa and once here we decided we didn't want to wait the six months it took to get a fianc閑 visa in those days. The aducating officer didn't like it much but he granted her permanent residency anyway. Now this was back in 1980 and the laws have changed a lot since then. It is not without risk. A denial at AOS could keep you apart for a very long time. If you want safe and also get married it is perfectly fine for you to marry here while on your business visa then return to your home country and file an I-130

[freshbisous]

Thanks very much.

 

Normally how long i can get AOS if i married in U.S?

 

Why i should go back to file an I-130? where i can find these information?

 

 

Welcome to CFL, It doesn't matter what country you are from you are welcome here. The information you will find applies to all countries but is geared towards China's unique consulate.

The law is if you enter the country with the intent of getting married then it is visa fraud. If you enter the country for the purpose of doing business and once here you and your sweet heart can no longer retrain yourselves and in the heat of passion decide to get married then that is perfectly legal. The key word here is intent. Now once the two love birds have tied the knot they can file AOS. She is perfectly legal here as long as she doesn't leave the country until the AOS is approved. If she does she might not be able to re-enter. This is when the adjusting officer weighs the evidence at hand. If he believes you no problem. To be honest I have never heard of anyone being denied. I did it myself with my first wife. She came here on a tourist visa and once here we decided we didn't want to wait the six months it took to get a fiancée visa in those days. The aducating officer didn't like it much but he granted her permanent residency anyway. Now this was back in 1980 and the laws have changed a lot since then. It is not without risk. A denial at AOS could keep you apart for a very long time. If you want safe and also get married it is perfectly fine for you to marry here while on your business visa then return to your home country and file an I-130

[freshbisous]

Yes, i am chinese. where is your Lao po?

 

 

a 'fresher' ? that's an indian term, actually. are you chinese???

 

mmmmmmmmm wot Rob Said..

 

FWIW, if you come in on ENTREPRENUER visa (1 mil in cash in hand) then there is no restriction for getting married, is no visa fraud.

[dnoblett]

Thanks very much.

 

Normally how long i can get AOS if i married in U.S?

 

Why i should go back to file an I-130? where i can find these information?

 

Basically intent will be questioned when they interviewed for green-card (AOS) what comes into question is WHEN you met your Boy-Friend before or after entry to the USA on the business visa, if BEFORE then entry to the USA looks like visa fraud, using a NON-Immigrant visa to immigrate. IF AFTER entry, and never knew him from before, then this tends to be accepted.

 

AOS from a NON-immigrant visa varies by field office, can take as little 4 months or as long as 2 years.

 

Look up field office here: https://egov.uscis.gov/crisgwi/go?action=of....office_type=LO

 

Look up processing times for I-485 here: https://egov.uscis.gov/cris/jsps/ptimes.jsp

[warpedbored]

If you were asking how long it will take if you get married in the USA , then return to China and your sweetheart files an I-130 it is usually a little more than a year. I assume your multiple entry visa would be canceled after the I-130 is filed but I am not sure. This is your safest way of joining your sweet heart. A slightly faster option would be to file for a fiancée visa instead of getting married after your visit here.

[freshbisous]

I am freelance, so i can stay in US at same time do business. if i get along well with my sweetheart , i can stay till i get AOS.

 

In this case, which type of step i should take?

 

thanks for help

 

If you were asking how long it will take if you get married in the USA , then return to China and your sweetheart files an I-130 it is usually a little more than a year. I assume your multiple entry visa would be canceled after the I-130 is filed but I am not sure. This is your safest way of joining your sweet heart. A slightly faster option would be to file for a fiancée visa instead of getting married after your visit here.

[Randy W]

It might be best to talk with a good US immigration lawyer about the specifics of your case. You'll get a lot of varying advice here about whether you can stay after you get married.

[warpedbored]

I am freelance, so i can stay in US at same time do business. if i get along well with my sweetheart , i can stay till i get AOS.

 

In this case, which type of step i should take?

 

thanks for help

 

If you were asking how long it will take if you get married in the USA , then return to China and your sweetheart files an I-130 it is usually a little more than a year. I assume your multiple entry visa would be canceled after the I-130 is filed but I am not sure. This is your safest way of joining your sweet heart. A slightly faster option would be to file for a fiancée visa instead of getting married after your visit here.

No one here can advise you as to which way to go. There is risk in marrying here and filing for AOS. As I said before it comes down to a matter of intent. If the adjucating officer at your AOS interview doesn't believe that you came to the US on business then decided you couldn't wait to marry you could be deported. The safest method is to return to China and await the visa.

[Dennis143]

The safest method is to return to China and await the visa.

I have seen, met, a few who have attempted what you are suggesting. I must say that if not all, most came here knowing this would give them a foothold to look for and then marry someone who could give them permanent status.

 

Carl's suggestion IS the safest. Anything else is a risk, yet I have not seen our immigration system going after and much less deporting anyone from China who overstayed. Just if you do, (overstay) life isn't that easy, unless your intended takes care of you and you can accept it. It may take quite some time to adjust status, if you stay here. It would be quicker, if you're in China.

[freshbisous]

Yes, the key point is stay US and live with someone need adjust myself a lots. i live alone for a long time, now concerned that can get alone well with someone? and if i love someone, i dont want to be separate. don't believe long distance relationship can last long.

 

 

 

The safest method is to return to China and await the visa.

I have seen, met, a few who have attempted what you are suggesting. I must say that if not all, most came here knowing this would give them a foothold to look for and then marry someone who could give them permanent status.

 

Carl's suggestion IS the safest. Anything else is a risk, yet I have not seen our immigration system going after and much less deporting anyone from China who overstayed. Just if you do, (overstay) life isn't that easy, unless your intended takes care of you and you can accept it. It may take quite some time to adjust status, if you stay here. It would be quicker, if you're in China.

[Guest Rob & Jin]

you state you have a multi- entry visa, how long does it state each visit can be for ?

 

I ask this as if the visit is less than 5-6 months you would have to leave the US before the AOS interview or adjucation anyway and re-entry may be denied.

If you stayed illegaly awaiting AOS you could be denied for overstaying then you would have to file a waiver to overcome that (212a), also if they believed you intended to immigrate on your visa then you could also be denied for misrepresentation, requiring yet another waiver to overcome I-601. THIS COULD INCREASE YOUR TIMELINE BY YEARS,seems risky to me.

 

Really the most straight forward way would be to file either K-1 or CR-1, leave when visa expires, interview in GUZ, your wait alone would be only short (well much shorter than normal) as you could be here together for some or maybe most of the wait.

 

Good luck to both

[dnoblett]

you state you have a multi- entry visa, how long does it state each visit can be for ?

 

I ask this as if the visit is less than 5-6 months you would have to leave the US before the AOS interview or adjucation anyway and re-entry may be denied.

If you stayed illegaly awaiting AOS you could be denied for overstaying then you would have to file a waiver to overcome that (212a), also if they believed you intended to immigrate on your visa then you could also be denied for misrepresentation, requiring yet another waiver to overcome I-601. THIS COULD INCREASE YOUR TIMELINE BY YEARS,seems risky to me.

 

Really the most straight forward way would be to file either K-1 or CR-1, leave when visa expires, interview in GUZ, your wait alone would be only short (well much shorter than normal) as you could be here together for some or maybe most of the wait.

 

Good luck to both

Not quite correct.

 

Once someone files AOS they are AOS-Pending and are allowed to remain in the USA while the AOS is processed, even beyond the expiration of the I-94. This is the case for K-1 and K-2.

 

Overstay is always forgiven when AOS is filed based on marriage to a US citizen.