Form I-130 Naturalization Route

[heretostay]

Hello everyone,

I am looking for advice on the best route to take to naturalize my fiance. She had initially came to the USA via a J-1 visa. Upon completion of her J-1 visa, she submitted the application to change her status to become a tourist B-2 visa. We recently received a letter back from USCIS requesting for proof of booked flight home and proof of being a tourist in this country.
Providing the proof of her tourist status is no problem, but it seems unnecessary to book a flight that she will never board.

My question is, would it be best to execute the marriage before the deadline that USCIS placed on the documents they requested and let the tourist visa be denied? In this situation, we would be planning to have all the forms we need in addition to the I-130 ready to be submitted upon arrival the the marriage certificate.

I dont know if this will work and what kind of issues we could face.
ie. USCIS denies the tourist visa and puts a 30 day deadline for my fiance to leave the country, potentially leading to an overstay if USCIS doesn't respond to the new documents promptly.
Ie. Maybe my soon to be spouse can not legally marry due to a denial in her tourist visa.

If it is relevant, we both currently reside in CA.
Another bit worth noting that she, nor I, had any intention of immigration or marriage when she had requested a change in her status.

Thanks in advance for any and all help that can be provided.

 

[FlyingRon]

Her immigration status has nothing whatsoever to do with the legality of the marriage. However, the bigger issue is she should stop attempting to commit immigration fraud by lying about her immigrant intent. It matters little that she "claims" she didn't have such intent when she filed the VISA. If she actually USES that visa she'll be breaking the law. I would suggest you get to an immigration attorney and use the PROPER visa.

What the proper and best course of action would be based on information you didn't submit such as:

1. What is YOUR status (are you a US Citizen or what)?
2. Does her J-1 status have a home residence requirement?

 

[heretostay]

1. I am a US citizen
2. I am unsure if she had a residency requirement, but she did have residency. How is this relevant?

Please explain how she is committing fraud? The status was filed with full intent of returning to her home country. To this current day, she has fulfilled every requirement as a tourist in the country. We have never had a situation like this and we want to do things the right way, thats why I came here.
I like to understand the law, not just have it dictated to me.
Thanks

 

[OHRoadwarrior]

If she does not intend to stay, which is a requirement of her visa, she should be able to prove she is leaving by providing flight info. Neither of those is an immigration intent visa. Using it as such is fraud. She can marry and then leave while vacationing.