4 ms·
Not exactly startup related but perhaps you have some insight. My wife is from the Philippines and we are currently in the process of applying for her AOS (I-13
by ciguy 5y ago
Not exactly startup related but perhaps you have some insight. My wife is from the Philippines and we are currently in the process of applying for her AOS (I-130 and I-485). We left the Philippines late last year and went to Mexico for around 6 months waiting for things there to normalize after all the covid lockdowns.
The Philippines hadn't fully opened to tourists so in July of this year we entered the USA with the intention of getting married and then applying for a marriage based visa to the Philippines for me so I could return with my wife. After we entered the USA the Philippines went back into stricter covid related lockdown and we found out there was a 9 month wait time for the visa I would need to be able to return.
Given these issues we decided to stay in the USA and go through the AOS process for my wife instead. My wife entered on a normal tourist visa, this was her third visit to the USA since we had visited my family here a few times while we lived in Manila prior to being married.
Based on my understanding we may have issues with immigration since they will assume my wife entered the USA on a non-immigrant visa with immigration intent. Especially since we go married within a month of entering the USA.
Is there anything we can do to mitigate the chance of a denial based on these circumstances?
- proberts 5y agoActually I think you'll be fine because it wasn't your wife's intent to apply for a green card when she entered most recently as a visitor. But I absolutely would speak with an attorney before you and your wife have your green card interview.
- ciguy 5y agoAppreciate the response, we are in the process of getting an attorney now.