Re: Thanks, Coby! FWIW V, I've read on at least two sites that when doing a marriage this way, the big risk is that USCIS may launch an investigation into whether the marriage was fraudulent -- as in, the marriage on a tourist visa was preplanned. From my experiences though, this must be extremely rare or simply untrue. Something to consider, however, is that both sites were for visa lawyers; obviously they'd prefer that a K1 or K3 was applied for. Other visa lawyer sites, however, make no mention of this whatsoever. I think I will actually call the immigration attorney in Kansas City that we've used tomorrow, and try to get the real deal on this particular matter. Now I am curious
FRAUDULENT MARRIAGES You make a good point, and it is for this reason that there is bias in the system in favor of the use of the K-1 visa process because it allows the INS to thoroughly screen the relationship, before the fact. Fortunately, this can result in practical benefits to the people involved, if it's approved. With it they have a virtual guarantee that their future together will not be clouded with immigration problems. As for investigations of marriages, even if your spouse is given a green card based on the marriage, the issuance/approval is conditional, and subject to being revoked, and will be reviewed at the end of the first two years in country. An interview is usually required and, just like in the movies, the pair are questioned, separately, with cute questions like, "What is his favorite toothpaste?"
Re: FRAUDULENT MARRIAGES Completely correct, I should have mentioned that part. The green card issued in this case is indeed, a conditional 2 year green card which must be switched to a permanent green card at the 2 year anniversary. Applying for AOS as a spouse of a US Citizen actually confers a good deal of benefits as far the visa process goes; namely that spouses are considered higher priority (than say a brother/sister petition) and that the Relative Petition and AOS can be filed simultaneously due to the priority date being current by default.
Coby wrote: Coby, that sounds very specific, and interesting. Were you told that by the lawyer you mentioned, or did you find that in a website? In regard to Tony, did he tell you anything what evidence he, or others, were asked to produce in order to establish the bona fides of his relationship with the lady he married, before his adjustment of status was approved?
Information for being able to file Relative Petition and AOS concurrently as a spouse can found on the USCIS site, here's the link relative to the I-485 form: http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD I do not know what evidence Tony was required to submit, however, that's easy to find out
COULDN'T FIND IT Coby, I couldn't find the language you mentioned, in the website you gave, instead I found the above.
This isn't the direct wording (which I'm looking for) but stipulates the same thing; taken from the AOS page. Directly below that it says: Which again insinuates that to do an AOS with the family sponsorship, you must have an approved I-130, unless it is a spousal relationship, in which case they can be filed concurrently (which is a huge benefit.)
I wasn't clear on this point, my fault What I was trying to infer was that by filing the I-130 and I-485 at the same (as a benefit of the spousal relationship) you can save significant time versus having to apply for the I-130 and then once approved file for the AOS later. Waiting for an available visa for the AOS to become approved is still part of the deal, either way, but that waiting time starts at the submission of both documents concurrently, versus one than the other. Does that make any sense? I do believe that the spousal relationship speeds up the visa process in terms of getting priority in the queue, but have no valid source for that and will find out [hopefully] tomorrow, with a quick phone call Edit: Btw, I think a lot of the information that would make this clearer is found on USCIS site under the Resources-->Family Resources-->U.S. Citizens: How Do I Help My Relative or Fiancee Become a U.S. Permanent Resident? section ---- unfortunately that link seems to be broken.
If I understand, you're arguing that if the I-130 is approved, or pending, when you file an I-485, a visa will be made available to you as soon as the I-130 is approved, if pending, and the I-485 is approved, regardless of the nationality of the would be immigrant. So far, I've seen nothing in what you've directed our attention to that suggests that to me. But, perhaps I'm just being a little dense: I'd love to find out I'm wrong, and that things are not as difficult as they may seem. At the moment, Tony's case remains a bit of an enigma to me because, to permit this form of immigration, on any scale at all, would seem to invite massive fraud.
That was funny, our two posts crossed! This is fun, Coby- and it is Sunday, after all- but I've just got to do something else, today, beside write posts to this forum! So, don't reply, please!
