I AM GOING CRAZY!

[thegordons2009 1]

Hello,

First off let me say that I am sooooo frustrated and confused right now. I have spent so much time researching the different types of visas. After asking many questions on here it was determined to go the CR1 route. So i got all the forms, and filled them out. I called USCIS to get help on the I-864 form and at the beginning of the call they asked me questions. I told them we were married and I am currently in the USA as a visitor (B class). 2 reps told me to file I-130 and I-485 (adjustment of status). Both reps said that if we file these forms, I dont have to return to Canada once my visitor status is up because we have applications pending. So, that being said I came back on here to look over these forms. Well when i clicked on the link...in bold was a warning about doing it this way. Stating it could be fraud and i could be deported. SOOOOO.... i am going CRAZY!!!!!! 2 reps from USCIS said I should do it this way, but here on VJ its warning me to do it this way.........

SOMEONE, ANYONE......please tell me what to do.......

[TayRivers 4]

Hello,

First off let me say that I am sooooo frustrated and confused right now. I have spent so much time researching the different types of visas. After asking many questions on here it was determined to go the CR1 route. So i got all the forms, and filled them out. I called USCIS to get help on the I-864 form and at the beginning of the call they asked me questions. I told them we were married and I am currently in the USA as a visitor (B class). 2 reps told me to file I-130 and I-485 (adjustment of status). Both reps said that if we file these forms, I dont have to return to Canada once my visitor status is up because we have applications pending. So, that being said I came back on here to look over these forms. Well when i clicked on the link...in bold was a warning about doing it this way. Stating it could be fraud and i could be deported. SOOOOO.... i am going CRAZY!!!!!! 2 reps from USCIS said I should do it this way, but here on VJ its warning me to do it this way.........

SOMEONE, ANYONE......please tell me what to do.......

Yes you can do it that way BUT it all comes down to your intent on entry to the US. If you entered the US with the intent of avaoding having to apply for the correct visa and filing for AOS then it COULD be classed as visa fraud. If on the other hand you entered with no intent to remain and file for AOS but things have since changed like you got married or you no longer wish to be appart any longer then yes you can file for the I-130 and AOS together and remain legally in the US while it is being processed.

Many have done this and have had no issues getting a greencard.

[simps 2]

Oh thats ridicules.. I m not sure if u can get waiver visa while on visitor visa.. have u already apply for I-130 yet? i think u should talk to and officer instead of receptionist, they all r dumb sitting around without knowledge.. just wait dear i m sure anyone would reply u with good answer.. Good luck dear and don't be crazy try to be patient.

If u think u do not understand then u may go back to ur country and ur spouse can apply for I-130. this is how u can go on immigrant visa line and there wont be any problem at all.

[Bobby+Umit 161]

Oh thats ridicules.. I m not sure if u can get waiver visa while on visitor visa.. have u already apply for I-130 yet? i think u should talk to and officer instead of receptionist, they all r dumb sitting around without knowledge.. just wait dear i m sure anyone would reply u with good answer.. Good luck dear and don't be crazy try to be patient.

If u think u do not understand then u may go back to ur country and ur spouse can apply for I-130. this is how u can go on immigrant visa line and there wont be any problem at all.

Waiver for what exactly?

If he came on a visitors visa (with no intent on marrying) and became married anyway, he can legally file for adjustment.

As long as their are no negative factors, it will probably be granted.

I would not leave the US until you have the AP/NOA from the application though.

As Tayrivers has pointed out, many have done the exact thing, no issues. Only case I saw that were denied were for misrepresentation (IE lying) or other "negative factors".

[trailmix 77]

Hi,

Really the questions you ask have already been answered in your previous thread: http://www.visajourney.com/forums/index.php?showtopic=195815

However, I understand that you are getting conflicting information from USCIS and VJ.

This is what you posted earlier:

I am currently "visiting" my fiancé here in the USA. To be honest I really didn't have plans on going back to Canada. So in your opinion would getting married now work to my benefit ( that is being able stay in USA without going back)? Or do u think I will have to go back no matter what? Thanks for your response

So here is the thing. Basically when you enter the United States they ask you what the purpose of your visit is. You maybe said "visiting" or "shopping" or whatever, I am assuming that you did not state you were going to live with your boyfriend or fiance' in the U.S. and had no plans on returning to Canada - because if you had, you would not now be in the U.S..

To simplify - it is illegal to enter the United States for any reason other than the intent you stated when you entered. Why? Well it is important for a country (any country) to know what your intention is when you enter. That way the border guard has the opportunity to decide whether or not to allow you to enter the country.

All that aside, I am sure many people enter the United States as you did, with intention to marry and live there and not return to their home country until after they have completed their adjustment of status.

Is it possible that you can now stay in the U.S. and adjust status and this will never come up - absolutely - I am sure it happens all the time. Is it also possible that they may question you about it and it may result in a ban - absolutely.

It's really up to you what you do at this point, I think you probably have enough information to decide - however no one, under the circumstances you outlined above is really going to tell you to go ahead and adjust status.

[simps 2]

Oh thats ridicules.. I m not sure if u can get waiver visa while on visitor visa.. have u already apply for I-130 yet? i think u should talk to and officer instead of receptionist, they all r dumb sitting around without knowledge.. just wait dear i m sure anyone would reply u with good answer.. Good luck dear and don't be crazy try to be patient.

If u think u do not understand then u may go back to ur country and ur spouse can apply for I-130. this is how u can go on immigrant visa line and there wont be any problem at all.

Waiver for what exactly?

If he came on a visitors visa (with no intent on marrying) and became married anyway, he can legally file for adjustment.

As long as their are no negative factors, it will probably be granted.

I would not leave the US until you have the AP/NOA from the application though.

As Tayrivers has pointed out, many have done the exact thing, no issues. Only case I saw that were denied were for misrepresentation (IE lying) or other "negative factors".

okay here i said i m not sure if u will get or not.. i did not say u should do this.. i said wait for few sec someone will give him good answer.. anyways Good luck dear..