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How does one go about applying for AOS? My husband is in the US on a tourist visa from Mexico. We have been together for 2

San Antonio, TX |
Filed under: Spousal immigration

We have been together 2 years, married 6 months. I was offered a more permanent employment and decided we should just stay in the US and file for AOS. (we had been traveling back and forth between US and Mx before). I was married before and filed for spousal immigration in the past. (he is no longer in the US). What is the proper way to proceed without having any hangups with the new immigration laws,etc...what papers do we file first off and should we consult an attorney??

We actually got married in November, but he has left and returned several times since then. So we were married when he entered this last time and 2 months have now passed. As far as my ex-husband. I had filed for him in 2006, so four years have passed. We had basically separated since the time of his appt. in Juarez, where I found out he tested positive for marijuana, and that ended the relationship. I filed for divorce. I don't think the USCIS should have a reason to question the bona fide nature of our relationship. My ex-husband is actually the father of my two children. So, that part is obvious. I have documentation to show my current husband and I have had an ongoing relationship for the past 2 years. Several family vacations together, emails, letters, telephone bills. Do you believe I would need more??

Attorney Answers 2

Posted

This case has a high probability of success as long as the packet is well documented to show a bona fide marriage. All of the forms necessary for filing can be found at www.uscis.gov. However, if you want to an expeditious handling of your case, I would recommend that you hire an attorney. Does your husband still possess evidence that he entered with the tourist visa? This will be a key document to show a valid entry with inspection.

Best of luck.

Verdin Law Firm
Dallas, TX

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Posted

You should definitely consult an attorney. There a couple of timing issues here which need to be looked at.

First, the time between when your now-husband entered the U.s. and the time you got married - if you got married too soon after his entry on a visitor visa, USCIS may claim that by marrying a citizen so soon after entering he demonstrated that at the time off entry he already had the intent to remain in the U.s. permanently, which is inconsistent with the "non-immigrant intent" - intent just to visit and return home - required for the visitor visa. they may therefore say he committed fraud, deny the application and take steeps to remove him from the U.S.

Second, timing of your first application for an earlier spouse vs. the current one - making sure enough time has passed so USCIS won't be suspicious and question the "bona fide" nature of your marriage..

Speak with a lawyer.

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