My girlfriend entered the U.S legally in Oct 2010 as a B1/B2 visitor. We got engaged in Jan 2011 and I applied for her K 1 visa in Feb 2011. I was wondering if it would be OK to get married while she is here and apply for an AOS? Would her intent at the time of entry be a problem?



Phil's picture

When misrepresentation or fraudulent intent is an issue

Hi there, thank you for posting this question. I really need to write an article about this issue--it seems to be the question of the month:) Generally speaking, as long as a person did not intend to immigrate at the time he or she entered the U.S. there is no issue of misrepresentation or fraud if that person later marries and applies for adjustment of status. These issues are very case specific so I can't tell you for sure if this would be an issue in your case or not without knowing more about the situation. However, my sense based on the little you have shared with me so far is that it would not likely be an issue. In fact, I think that your K1 filing is strongly supports that there was no immigrant intent since a K1 is a non-immigrant visa which she would have to apply for abroad. The fact that you didn't even get engaged until several months after her entry I think is also strong evidence against any finding that her intent when she entered was anything other than that of a visitor.

I assume she is still in the United States? When does her I-94 expire?

Marriage and AOS might be a really good option for you.

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