Immigration Issues/to marry after entry on business visa (adjusted)
I have not been able to locate anything addressing the concern I have with my soon-to-be wife's status.
She entered on a B-1 visa from Brazil. She lied to obtain the visa, insisting that she was in the US to see friends and to attend an academic conference. In reality, some mutual Brazilian friends of ours set us up. As she lives with her parents in Brazil, she did not want them to know specifically why she was coming to the US. Her father is a colonel in the Brazilian army and probably would have objected to her trip if she had been truthful with him. They had access to her documents as she was filing in Brazil.
Her B-1 visa was set to expire one month after she entered the US; she believed that she would be her for six, but customs stamped her for one month seeing that she was here for a conference. We applied for and received an extension to February with a change to B-2 status.
Since receiving the extension, we decided to get married. This will happen Friday (12/15/2006). We have are doing this partly to speed up the adjustment to permanent resident status. We are getting married before a judge and plan to have a nice reception next summer for my family; next summer, we will have a large wedding in Brazil for her family.
There are several questions that I am sure you have anticipated that we need the answers to:
1. How will the government view her pretense to obtain the original visa?
2. How will the government view the marriage in the application to adjust status to permanent resident?
3. Will she be able to leave and legally re-enter the country as a permanent resident if the wedding is in August 2007?
4. Is premium processing available? Would it be worth it in our case?
I sincerely thank you for having a look at these questions. Nowhere else have I been able to find any resource like this and where I live has a true paucity of lawyers qualified in this field.
There is no premium processing. Becasue she has been illegally here for more than 6 months, she should not travel until she gets permanet resident status. The government willbe fine with the marraige as long as you can show evidence fromt he time of marriage until interview and answer questions consistantly. If the government has a problem with the pretense, she is eligible for a waiver based on her marriage to you.
Let me know if you need a good lawyer like myself to process the case.