need advice on fastest process

[CBR 0]

Exactly. And the advice you got here is probably much better than the advice CIS gives out. Back before we started out we were told by them (CIS) that "Sure, you can have your fiance come to the US, marry him and file for AoS...the US allows your spouse then to wait with you in the US during the process" Well, we all know that's a HUGE no-no and we would have been screwed had we done that. The POE officer at the border set us straight and gave us the whole run down on the immigration process (after a really scary lecture (practically screaming at us) about being banned from the US for trying to shortcut the system).

The whole "intent" thing is regarding immigration. Did you INTEND to IMMIGRATE when you entered (in your case, yes, of course because you filed he i-130 and you're married...no kidding you intend for him to live here). The intent isn't regarding filing AoS. I get that you didn't know your IR-1 would be approved while he was here, but you had to know the chances were good since you're so close, but that's besides the point.

I think the responses you got here are appropriate, and were meant to help you so you're not screwed over in the end. of course you are sick of waiting (we waited 11 months to be together just for a freakin k1), isn't everyone? I hope you make the right choice and things go your way. It's been a long time, you've been through alot of ####### and it's about time you are allowed to settle into normal life. If you decide on AoS, best of luck to you. Who knows, maybe it'll work out for ya.

[thetreble 19]

I don't understand where you get that this is 'illegal.' Please provide links/documentation.

We have been married for almost 3 years and we were married in Ontario after I moved there (sheesh.. catch up) Additionally, a 10 year unconditional green card is available through the AOS process, per my conversation with CIS today.

Haha catch up? I'm supposed to be an expert on your life? Seriously, get over yourself.

Secondly, a 10 year green card is available to you since you are married 3 years. I did not know that you were married for three years. Do you honestly think that every person at CIS knows their stuff? As many people will tell you, they often are uneducated or uninformed themselves. People have gotten all kinds of bad information from them.

If you don't want people to share with you what they think, or what they know, then why bother posting? This forum is not always for sympathetic ears, it's for information. If someone tells you something, and then you keep on posting "you don't know what you are talking about..they told me I could do that", what kind of responses do you think you will keep on getting? As Sprailenes said, you seem to know all the answers any way.

As for the soap box, it's not the 19th century any more and we aren't in Trafalgar square.

As for the dinner, I don't cook.

(ie. your attempt at insults didn't even scratch the surface)

ps-

Edited July 12, 2008 by thetreble

[trailmix 77]

I found this, from a former USCIS adjudicator (now a lawyer)- who indeed may not know all, but I thought it was worthwhile to post it, I just wonder if maybe this is why they only gave your Husband a 1 month visa? This part of the article is near the bottom of this page.

Denials

The second thing to understand about AOS is that it is discretionary, not mandatory. It is possible for a person who is technically eligible for immigrant status to nonetheless be denied adjustment of status in the exercise of discretion. The most common instances of such discretionary denials involve cases where the applicant abused the nonimmigrant process.

For example, if a person applies for admission into a school or for a change in nonimmigrant status within 30 days of entry, they are presumed to have acted in bad faith. That is, they had the preconceived intent to make the change and they used an easier to obtain visa in order to evade the normal screening process abroad for the visa they really wanted.

If the application occurs between 30 and 60 days after entry, no presumption is made, but there is a strong suspicion that the person may have acted in bad faith. The case will be scrutinized carefully. If the application occurs more than 60 days after entry, the presumption is that the applicant acted in good faith. Both the USCIS and the State Department reserve the right to re-examine such cases, however, if there is any additional evidence of wrongdoing. If an AOS applicant has anything in his or her past visa history that suggests that he or she may have abused the visa process, or otherwise tried to take shortcuts, the USCIS has made it clear that they can and will deny such adjustment applications in the exercise of discretion. Discretionary AOS refusals are not subject to administrative review. While federal court review is theoretically possible, few judges are willing to attempt to substitute their judgment for that of USCIS officers in the absence of gross abuse of discretion.

[trailmix 77]

The thing is Delicia, you mention that you didn't have intent to file AOS when your Husband entered the country, but that isn't the problem. The rules indicate that he must not have intended to enter the U.S. to immigrate - I would be concerned about proving that he didn't have that intent, when you have already applied for the visa.

If AOS was just 'allowed' then there would be no need for a K3 visa category.

I also found this: link

What are the consequences of marrying a US citizen after originally entering the US on a Tourist visa or a 90 day visa waiver

Firstly, it is legitimate to enter the US on a tourist visa or visa waiver and marry a U.S. citizen if AFTER doing so you actually intend to return to your home country.

However, if someone simply enters as a tourist and subsequently marries a US citizen or otherwise applies for a Green card thru the adjustment of status process, and does so soon after entering as a tourist the Immigration service could accuse them of 'visa fraud'.

By and large, the 30/60/90 day rule is applied to determine whether the 'tourist' had a fraudulent intent upon entry.

The rule is applied as follows;

If s/he applies for a green card/adjustment of status within 30 days of entering the US, fraud is pretty much presumed-and the application will be denied

If s/he enters between 30 & 60 days, the presumption of fraud can be overcome, i.e. it is 'rebuttable'

I s/he enters between 60 and 90 days the presumption reverses. Unless there is specific evidence of a preconceived immigrant/fraudulent intent the adjustment of status application will be granted

For an application filed more that 90 days after entry , the visa fraud issue seldom arises

If fraud is found, then the consequences could be severe. At the very least the applicant will be required to return to his or her home country to file for a fiancée of spousal visa. In the worst case, the individual could be barred from re-entering the United States in the future under any circumstances.

To summarize: DO NOT ENTER THE UNITED STATES ON A TOURIST VISA IF YOU HAVE AN INTENT TO REMAIN THERE PERMANENTLY. TAKE TIME TO OBTAIN THE CORRECT VISA HOWEVER INCONVENIENT THAT MAY SEEM TO BE.

Edited July 12, 2008 by trailmix

[bluegreen 0]

The thing is Delicia, you mention that you didn't have intent to file AOS when your Husband entered the country, but that isn't the problem. The rules indicate that he must not have intended to enter the U.S. to immigrate - I would be concerned about proving that he didn't have that intent, when you have already applied for the visa.

If AOS was just 'allowed' then there would be no need for a K3 visa category.

I also found this: link

What are the consequences of marrying a US citizen after originally entering the US on a Tourist visa or a 90 day visa waiver

Firstly, it is legitimate to enter the US on a tourist visa or visa waiver and marry a U.S. citizen if AFTER doing so you actually intend to return to your home country.

However, if someone simply enters as a tourist and subsequently marries a US citizen or otherwise applies for a Green card thru the adjustment of status process, and does so soon after entering as a tourist the Immigration service could accuse them of 'visa fraud'.

By and large, the 30/60/90 day rule is applied to determine whether the 'tourist' had a fraudulent intent upon entry.

The rule is applied as follows;

If s/he applies for a green card/adjustment of status within 30 days of entering the US, fraud is pretty much presumed-and the application will be denied

If s/he enters between 30 & 60 days, the presumption of fraud can be overcome, i.e. it is 'rebuttable'

I s/he enters between 60 and 90 days the presumption reverses. Unless there is specific evidence of a preconceived immigrant/fraudulent intent the adjustment of status application will be granted

For an application filed more that 90 days after entry , the visa fraud issue seldom arises

If fraud is found, then the consequences could be severe. At the very least the applicant will be required to return to his or her home country to file for a fiancée of spousal visa. In the worst case, the individual could be barred from re-entering the United States in the future under any circumstances.

To summarize: DO NOT ENTER THE UNITED STATES ON A TOURIST VISA IF YOU HAVE AN INTENT TO REMAIN THERE PERMANENTLY. TAKE TIME TO OBTAIN THE CORRECT VISA HOWEVER INCONVENIENT THAT MAY SEEM TO BE.

I remember finding this same information when I was considering my options too. I found it extremely useful, and I never saw it on Visajourney. - thanks for posting Trailmix.

The only thing I would add to all this, is that your intent is assessed based on the most recent visit. My husband and I were engaged when I entered the country, although we had not yet filed any paperwork. Obviously one of us intended to immigrate somewhere at some point, unless we wanted to just go float in space or live apart forever. The point was, I did not intend to immigrate ON THAT VISIT. I have heard of quite a few people who were already married when one spouse entered as a visitor and then adjusted status. That is not illegal. I have also heard of many couples who have begun other processes, had a visit, and then adjusted. It's fine to have the intent to immigrate - as long as your intent was not to do it on that visit. Clearly, it is a very fine line and your case would be very, very closely scrutinized. So it should be a very careful decision.