Results 1 to 4 of 4
  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Unhappy Can My Wife Stay in the U.S

    Good Morning,
    I've been dating my wife for almost a year before we got married (November 2010). When she came for her 3rd visit (6 October 2010), I asked her to marry me. We got married 10 days later. Yesterday, we went to an immigration lawyer who stated since we got married within 30 days give the impression that we had it planned before she arrived. He said that there is a 98% chance she will be denied. Staying in the US is not an option for us when applying for her green card. He suggested that my wife returns to Hungary and start the immigration process there which means we will be apart for a good 9 - 10 months. Her tourist visa expires on 5 April 2011. We went ahead an submitted an I-539 to extend her status. We have to decide soon if my wife needs to leave the US. Please help!

    Morgan

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can My Wife Stay in the U.S

    Quote Quoting Morgan1870
    View Post
    Good Morning,
    I've been dating my wife for almost a year before we got married (November 2010). When she came for her 3rd visit (6 October 2010), I asked her to marry me. We got married 10 days later. Yesterday, we went to an immigration lawyer who stated since we got married within 30 days give the impression that we had it planned before she arrived. He said that there is a 98% chance she will be denied. Staying in the US is not an option for us when applying for her green card. He suggested that my wife returns to Hungary and start the immigration process there which means we will be apart for a good 9 - 10 months. Her tourist visa expires on 5 April 2011. We went ahead an submitted an I-539 to extend her status. We have to decide soon if my wife needs to leave the US. Please help!

    Morgan

    Unfortunately I believe the attorney was correct.

    By all means consult a different attorney...but I agree that USCIS would likely view this as a planned marriage, and since she came in on a tourist visa it can be seen as immigration fraud.

  3. #3
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Can My Wife Stay in the U.S

    The 2% chance of approval would depend greatly on how much/how good is the evidence you have that the the marriage was NOT planned prior to her arrival.

    How was the ceremony done, civil or religous? Can you get affidavits from the officials involved stating exactly when you made the arrangments within that short 10 day period? Did you buy a ring/wedding dress...etc? If so, can you produce the receipt and show the date purchased in that time frame. If you can produce a lot of really solid evidence that the entire idea of getting married was done in that short time frame, you might stand a chance, but it will still come down to one persons perception.

  4. #4
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Can My Wife Stay in the U.S

    So basically, my wife needs to leave on Tuesday even if I get all the paper work in by 5 April?

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 06-21-2011, 07:35 AM
  2. Marriage Ceremonies: Executor vs Common Law Wife or New Wife
    By blazer217 in forum Marriage, Cohabitation and Civil Unions
    Replies: 2
    Last Post: 10-08-2008, 05:38 AM
  3. Modification of Custody: Can 2nd Wife Testify In 1st Wife's Custody Modification Petition
    By ally in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 04-15-2008, 11:22 AM
  4. Property Division: Can a husband and wife stay in the marital home pending divorce?
    By sandak in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 08-08-2006, 05:47 PM
  5. Sentencing: Stay of Execution vs. Stay of Imposition
    By TanyaJo42 in forum Criminal Procedure
    Replies: 2
    Last Post: 06-25-2006, 02:02 PM
 
 
Sponsored Links

Legal Help, Information and Resources