Preparing evidence of home ties early...

[Beantownbabe 1]

Hmmm, no I wasn't trying to say it doesn't matter. Rather that from the (more complex) cases I've known personally once in interview the USCIS interviewer cared less about why the person stayed longer - or if they got married, they (USCIS) cared MORE about joint lives together here as opposed to what was happening "back home." A close friend of mine was grilled on all and anything financial - the interviewer wanted to see proof of stuff like their joint car insurance and had them whip out their credit cards on the spot to see whose names were on them - stuff like that...It's not that people should not bother to go any other route, but USCIS also knows that "life happens" and, for instance people decide to get married quicker than they maybe would ordinarily have done. It's much harder to prove a real joint life HERE than it is to prove that you intended to go back home.

And for the record, no I wasn't saying that people who can travel on VWP should not bother filing any other way - where did you read that? If you DID do that then you are entering with the intent to marry, which is illegal. Like I said, sometimes "Life happens" along the way like it has in the original posters situation.

[bakofoil 27]

You said proving intent is not *really* the issue for a VWP adjuster. I'm saying that's a dangerous thing to say to someone who is preparing for AOS. Regardless of how right you are, there are always those cases where the officer was a little more finicky about the rules than others.

By stating that it's not really an issue it makes me feel that the wait I went through for K1 approval was meaningless. That's what I was trying to get across to you - what is the point in petitioning for a visa if intent doesn't really matter? Perhaps that's my fault and I should have had the balls to adjust from VWP.

[bakofoil 27]

But, there really is no gripe on my part that VWP adjusters don't really have to worry about anything other than the things I do for AOS. I just want to make sure that no one is misinformed. I certainly won't have to prove intent but a VWP applicant MAY have to.

[Beantownbabe 1]

There's no way that your K1 wait was meaningless - you finally ended up with your sweetheart! That in itself is worth it!

[Beantownbabe 1]

Oh and I also forgot - part of the reason they ask for so much current evidence is to combat marriage fraud in the form of just marrying any old someone for a GC. I guess that's why I was stressing that evidence of a joint married life together was so important, vs. proving you were 'going to go home.'

[rebeccajo 14]

Everybody gets all balled up about 'intent'.

What the government concerns itself with at adjustment of status is 'intent to commit immigration fraud'.

In a marital situation, that usually means taking a spouse in name only so the immigrant can profit with a green card. Thus the emphasis on 'blended assets' at the interview. USC's who are taking a bribe from an immigrant usually don't open checking accounts or buy real estate with them.

What Customs and Border Control concerns themselves with at entry is 'intent to immigrate' - whether or not an alien is attempting to enter the US under the guise of a visit, when in fact they have all intention of putting down roots in the US.

The common wisdom is if you can get past the CBP, your 'intent to immigrate' has been vetted. So you're back to the first mentioned hurdle - marrying your USC and proving you aren't attempting to defraud the US government via a bogus marriage.

I have my own little personal opinion that (at time of adjustment) USCIS is indeed more interested in discovering if a relationship is bonafide vs. what was on the immigrants mind when they crossed the border. The two intents are, after all, different in the legal sense insofar as the INA is concerned and at the point of filing for status adjustment, border intent isn't an issue. The immigrant is already 'in'.

There's just two little niggly points about all this speculation, though. Number One, there's the little matter of material misrepresentation, which is the most egregious sin an immigrant can commit. Material misrepresentation at any stage of dealings with the Department of Homeland Security and its branches earns the immigrant an lifetime ban which is virtually impossible to overturn. Number Two, there's the matter of abusing visa waiver priveleges. Nations have had those priveleges taken away by the US Government (study Venezuela) and rightly so. DHS giveth and DHS taketh away. Getting a visa from an American consulate in a VWP nation is usually not that difficult, especially in London. Sure it involves some separation - small potatoes compared to what citizens of non-VWP nations go through to obtain a visa. Nevermind the fact they can't freely travel.

Edited September 10, 2008 by rebeccajo

[bakofoil 27]

There's no way that your K1 wait was meaningless - you finally ended up with your sweetheart! That in itself is worth it!

I actually meant meaningless to the system i.e. USCIS. I appreciate that you were trying to diffuse things though.

I think Rebecca has more eloquently made the point; What the IO wants and expects at an AOS interview is purely speculation on our part.

Whilst it is true that it is more likely they are concerned with whether the marriage is genuine, it is not outside the bounds of possibility that a question could be thrown out there to establish whether there was immigrant intent upon entry. And that is precisely why we followed the K1 route rather than adjusting from VWP, because I would have worried constantly about the possibility of being caught out on that intent question or having to answer it dishonestly and risk subjecting myself to a lifetime ban.

I also appreciate there are sometimes extraordinary circumstances which prevent people returning to their home countries.

[Hydey 0]

There's no way that your K1 wait was meaningless - you finally ended up with your sweetheart! That in itself is worth it!

I actually meant meaningless to the system i.e. USCIS. I appreciate that you were trying to diffuse things though.

I think Rebecca has more eloquently made the point; What the IO wants and expects at an AOS interview is purely speculation on our part.

Whilst it is true that it is more likely they are concerned with whether the marriage is genuine, it is not outside the bounds of possibility that a question could be thrown out there to establish whether there was immigrant intent upon entry. And that is precisely why we followed the K1 route rather than adjusting from VWP, because I would have worried constantly about the possibility of being caught out on that intent question or having to answer it dishonestly and risk subjecting myself to a lifetime ban.

I also appreciate there are sometimes extraordinary circumstances which prevent people returning to their home countries.

I understand all of the above points, and your K-1 route is by no means meaningless, it's the best route, for you. Stuff happened here and i am adjusting on my VWP, but i did not have any marital or immigrant intent upon my POE in May. So i am doing nothing illegal, it just means my balls are on the table if the USCIS wish to cut them at my interview.

[EstebanTrabajos 7]

I understand all of the above points, and your K-1 route is by no means meaningless, it's the best route, for you. Stuff happened here and i am adjusting on my VWP, but i did not have any marital or immigrant intent upon my POE in May. So i am doing nothing illegal, it just means my balls are on the table if the USCIS wish to cut them at my interview.

If that's the truth, you are good to go and there is no doubt you will get your green card. End of discussion.

[rebeccajo 14]

There's no way that your K1 wait was meaningless - you finally ended up with your sweetheart! That in itself is worth it!

I actually meant meaningless to the system i.e. USCIS. I appreciate that you were trying to diffuse things though.

I think Rebecca has more eloquently made the point; What the IO wants and expects at an AOS interview is purely speculation on our part.

Whilst it is true that it is more likely they are concerned with whether the marriage is genuine, it is not outside the bounds of possibility that a question could be thrown out there to establish whether there was immigrant intent upon entry. And that is precisely why we followed the K1 route rather than adjusting from VWP, because I would have worried constantly about the possibility of being caught out on that intent question or having to answer it dishonestly and risk subjecting myself to a lifetime ban.

I also appreciate there are sometimes extraordinary circumstances which prevent people returning to their home countries.

I understand all of the above points, and your K-1 route is by no means meaningless, it's the best route, for you. Stuff happened here and i am adjusting on my VWP, but i did not have any marital or immigrant intent upon my POE in May. So i am doing nothing illegal, it just means my balls are on the table if the USCIS wish to cut them at my interview.

Richard -

Why was the K1 the best route for bakofil and not for you?

[Hydey 0]

There's no way that your K1 wait was meaningless - you finally ended up with your sweetheart! That in itself is worth it!

I actually meant meaningless to the system i.e. USCIS. I appreciate that you were trying to diffuse things though.

I think Rebecca has more eloquently made the point; What the IO wants and expects at an AOS interview is purely speculation on our part.

Whilst it is true that it is more likely they are concerned with whether the marriage is genuine, it is not outside the bounds of possibility that a question could be thrown out there to establish whether there was immigrant intent upon entry. And that is precisely why we followed the K1 route rather than adjusting from VWP, because I would have worried constantly about the possibility of being caught out on that intent question or having to answer it dishonestly and risk subjecting myself to a lifetime ban.

I also appreciate there are sometimes extraordinary circumstances which prevent people returning to their home countries.

I understand all of the above points, and your K-1 route is by no means meaningless, it's the best route, for you. Stuff happened here and i am adjusting on my VWP, but i did not have any marital or immigrant intent upon my POE in May. So i am doing nothing illegal, it just means my balls are on the table if the USCIS wish to cut them at my interview.

Richard -

Why was the K1 the best route for bakofil and not for you?

Because i came to visit my girlfriend for a summer holiday, for 3 months, and was returning to work in September. Whilst i was here her father passed away, something which has taken a terrible toll on the family, and myself. We watched him flat line right in the hospital, it was awful. No longer do we want to be away from each other, she needs me here and can't bear the thought of me leaving. That is why. Bereavement is a scary thing, and i want to be by my Wife's side no matter what.

RebeccaJo, the IO lol.

[rebeccajo 14]

There's no way that your K1 wait was meaningless - you finally ended up with your sweetheart! That in itself is worth it!

I actually meant meaningless to the system i.e. USCIS. I appreciate that you were trying to diffuse things though.

I think Rebecca has more eloquently made the point; What the IO wants and expects at an AOS interview is purely speculation on our part.

Whilst it is true that it is more likely they are concerned with whether the marriage is genuine, it is not outside the bounds of possibility that a question could be thrown out there to establish whether there was immigrant intent upon entry. And that is precisely why we followed the K1 route rather than adjusting from VWP, because I would have worried constantly about the possibility of being caught out on that intent question or having to answer it dishonestly and risk subjecting myself to a lifetime ban.

I also appreciate there are sometimes extraordinary circumstances which prevent people returning to their home countries.

I understand all of the above points, and your K-1 route is by no means meaningless, it's the best route, for you. Stuff happened here and i am adjusting on my VWP, but i did not have any marital or immigrant intent upon my POE in May. So i am doing nothing illegal, it just means my balls are on the table if the USCIS wish to cut them at my interview.

Richard -

Why was the K1 the best route for bakofil and not for you?

Because i came to visit my girlfriend for a summer holiday, for 3 months, and was returning to work in September. Whilst i was here her father passed away, something which has taken a terrible toll on the family, and myself. We watched him flat line right in the hospital, it was awful. No longer do we want to be away from each other, she needs me here and can't bear the thought of me leaving. That is why. Bereavement is a scary thing, and i want to be by my Wife's side no matter what.

RebeccaJo, the IO lol.

IO?

[rebeccajo 14]

There's no way that your K1 wait was meaningless - you finally ended up with your sweetheart! That in itself is worth it!

I actually meant meaningless to the system i.e. USCIS. I appreciate that you were trying to diffuse things though.

I think Rebecca has more eloquently made the point; What the IO wants and expects at an AOS interview is purely speculation on our part.

Whilst it is true that it is more likely they are concerned with whether the marriage is genuine, it is not outside the bounds of possibility that a question could be thrown out there to establish whether there was immigrant intent upon entry. And that is precisely why we followed the K1 route rather than adjusting from VWP, because I would have worried constantly about the possibility of being caught out on that intent question or having to answer it dishonestly and risk subjecting myself to a lifetime ban.

I also appreciate there are sometimes extraordinary circumstances which prevent people returning to their home countries.

If a person knows they intend to live here, with an American they already have a valid relationship with, why NOT file the K1? Why NOT do what the US government has asked all intending immigrants to do, rather than abuse a privilege put in place originally intended for business and pleasure travel?

To me it's that simple.

[Hydey 0]

There's no way that your K1 wait was meaningless - you finally ended up with your sweetheart! That in itself is worth it!

I actually meant meaningless to the system i.e. USCIS. I appreciate that you were trying to diffuse things though.

I think Rebecca has more eloquently made the point; What the IO wants and expects at an AOS interview is purely speculation on our part.

Whilst it is true that it is more likely they are concerned with whether the marriage is genuine, it is not outside the bounds of possibility that a question could be thrown out there to establish whether there was immigrant intent upon entry. And that is precisely why we followed the K1 route rather than adjusting from VWP, because I would have worried constantly about the possibility of being caught out on that intent question or having to answer it dishonestly and risk subjecting myself to a lifetime ban.

I also appreciate there are sometimes extraordinary circumstances which prevent people returning to their home countries.

I understand all of the above points, and your K-1 route is by no means meaningless, it's the best route, for you. Stuff happened here and i am adjusting on my VWP, but i did not have any marital or immigrant intent upon my POE in May. So i am doing nothing illegal, it just means my balls are on the table if the USCIS wish to cut them at my interview.

Richard -

Why was the K1 the best route for bakofil and not for you?

Because i came to visit my girlfriend for a summer holiday, for 3 months, and was returning to work in September. Whilst i was here her father passed away, something which has taken a terrible toll on the family, and myself. We watched him flat line right in the hospital, it was awful. No longer do we want to be away from each other, she needs me here and can't bear the thought of me leaving. That is why. Bereavement is a scary thing, and i want to be by my Wife's side no matter what.

RebeccaJo, the IO lol.

IO?

Immigration Officer dear

[Hydey 0]

There's no way that your K1 wait was meaningless - you finally ended up with your sweetheart! That in itself is worth it!

I actually meant meaningless to the system i.e. USCIS. I appreciate that you were trying to diffuse things though.

I think Rebecca has more eloquently made the point; What the IO wants and expects at an AOS interview is purely speculation on our part.

Whilst it is true that it is more likely they are concerned with whether the marriage is genuine, it is not outside the bounds of possibility that a question could be thrown out there to establish whether there was immigrant intent upon entry. And that is precisely why we followed the K1 route rather than adjusting from VWP, because I would have worried constantly about the possibility of being caught out on that intent question or having to answer it dishonestly and risk subjecting myself to a lifetime ban.

I also appreciate there are sometimes extraordinary circumstances which prevent people returning to their home countries.

If a person knows they intend to live here, with an American they already have a valid relationship with, why NOT file the K1? Why NOT do what the US government has asked all intending immigrants to do, rather than abuse a privilege put in place originally intended for business and pleasure travel?

To me it's that simple.

It is very simple. But life is not that simple... and situations arise. Just because you haven't been in them doesn't mean other people haven't, or wont in the future. I appreciate all that there is in a K-1, and if this situation hadn't arised and in the future my girlfriend (now Wife) and i decided we wanted to live in the US, we would have filed for one. But our situation is different, end of story. I wouldn't advice people to go the VWP route, and if they came accross with it in mind then that would be fraud, something which i am completely against.