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I-485 - intent to remain

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  • I-485 - intent to remain

    My husband and I married while he was here on a visa waiver. At the time, he planned to leave after the wedding and we planned to file for his spousal visa through the embassy in London, along with an application for a K visa allowing him to come to back to the US while his visa was pending. However, he stayed instead of returning. We are aware that if at the time of entry his intent was to remain, we needed a fiance visa and are worried that we won't be able to prove that he intended to go back. Several people have told us that its no big deal, that we just have to get around immigrant intent, but the only real evidence we have is his letter of resignation and the (angry) reply he received from his former employer (he didn't quit his job until he was here in the US, which was obviously a complete surprise to his employer). Also, we have received advice indicating that even if INS doesn't believe us, it still won't be that big of a deal as minor blemishes may be excused if we can show our marriage is bona fide (which will be no problem). How difficult will it be to prove that he didn't have intent to remain? Does anyone have experience with interviews, etc. in a similar situation?

  • #2
    My husband and I married while he was here on a visa waiver. At the time, he planned to leave after the wedding and we planned to file for his spousal visa through the embassy in London, along with an application for a K visa allowing him to come to back to the US while his visa was pending. However, he stayed instead of returning. We are aware that if at the time of entry his intent was to remain, we needed a fiance visa and are worried that we won't be able to prove that he intended to go back. Several people have told us that its no big deal, that we just have to get around immigrant intent, but the only real evidence we have is his letter of resignation and the (angry) reply he received from his former employer (he didn't quit his job until he was here in the US, which was obviously a complete surprise to his employer). Also, we have received advice indicating that even if INS doesn't believe us, it still won't be that big of a deal as minor blemishes may be excused if we can show our marriage is bona fide (which will be no problem). How difficult will it be to prove that he didn't have intent to remain? Does anyone have experience with interviews, etc. in a similar situation?

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    • #3
      File your paperwork. You'll just have to convince them that he didn't intend to stay which the letter from his employer could you in that department.

      I came on a VW and didn't plan on staying but I did, got married, filed and everything went really well. They didn't give us a hard time at all.

      Just file and go with the flow....my interview was painless, we had to bring letters and stuff like that, he looked at some photos and that was it.

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