just got married don't know what to do please help

[rexalite 0]

If thats the case, next time one comes across without any type of visa, just tell the POE dude that your moving to the USA to stay and see what happens,lol yes, one should never fully rely on immigration boards.

Obviously that would get you denied entry at the POE, but that isn't an issue here, as she is already in the US.

[000OOO000 0]

Why did you get married without thinking this through? You know being from another country and coming here to marry without the proper paper work is not the right thing to do. And now you want to hurry things up and smooth it out. I would be scared to enter another country and not follow their rules. When you two wanted to marry you should've researched the correct way and saved yourself the headache.

Edited April 29, 2009 by 000OOO000

[Flames9_RN 358]

If thats the case, next time one comes across without any type of visa, just tell the POE dude that your moving to the USA to stay and see what happens,lol yes, one should never fully rely on immigration boards.

Obviously that would get you denied entry at the POE, but that isn't an issue here, as she is already in the US.

yes, obvisoisly,lol I was referring to the highlighted portion in ur previous post.

[rexalite 0]

yes, obvisoisly,lol I was referring to the highlighted portion in ur previous post.

But that doesn't make sense, because obviously this woman didn't get stopped at POE. Why confuse the issue, when there is plenty of confusion to go around in this case?

[trailmix 77]

yes, obvisoisly,lol I was referring to the highlighted portion in ur previous post.

But that doesn't make sense, because obviously this woman didn't get stopped at POE. Why confuse the issue, when there is plenty of confusion to go around in this case?

Because there is a right way and a wrong way to do this immigration process.

Scenario:

I decided (as the U.S. citizen) that my non-U.S. citizen spouse and I will move from Canada to the U.S.

We arrive at the POE and the officer asks us the intent of our visit. I say we are going shopping.

We drive to Florida, rent a house and apply for AOS.

Would we be allowed to stay and have my Husband adjust status? Judging by people experience here I am pretty confident that we would.

As I just mentioned in another thread, the question here is not whether it can be done, it is a matter of if it should be done. Do you need a lawyer to do this - no probably not.

In fact I spoke with a person at the Calgary consulate about just this thing. I said to her, what if we don't know if we even want to live there, what if we just put a few things in the car and drive over and visit and then decide.

She suggested this was a bad idea as the fact that we had some of our stuff in the car would probably trigger a turn back at the border.

So rexalite, you have told us that lawyers have advised you that it is perfectly alright to do this, you suggest that we all don't know what we are talking about - that would imply that the whole K visa system is a complete crock.

I am absolutely willing to listen to you on this and I believe I am keeping an open mind - you mention that we may not be familiar with all of the intricacies of U.S. immigration law and that is probably quite true for most of us.

But instead of just telling us how much we don't know, why don't you - as you asked us to do in the other thread - give us some legal reference to the claims you are making?

[Flames9_RN 358]

yes, obvisoisly,lol I was referring to the highlighted portion in ur previous post.

But that doesn't make sense, because obviously this woman didn't get stopped at POE. Why confuse the issue, when there is plenty of confusion to go around in this case?

I wasn't referring to the op. You stated "A lot of people here will tell you that you can't adjust status if you had intent to immigrate when you entered the US, but that is not the case" So I stated, when u get to the POE, tell them that you have no visa, and that you intend on staying in the usa" And see what happens. And if you do an AOS interview, again say, I had the intention all along of staying in the USA, even though I had no visa" lol Who knows, they may still approve ya, bu todds on they will not. At My Naturalization interview, the interviewer and I chatted a fair bit about Canadians, lol

One has to worry about themselves, no one else does,lol But the advice given on VJ (not off topic forum,lol) is usually bang on, but yes a quick consult with an attorney does not hurt. We used one (hadn't found VJ) and was a ttl waste of $$, but oh well, not a big deal

[BermyCat 1]

When Phil and I got to the point in our relationship where we were almost sure we were going to get married and live in the US, what he really, really wanted to do was have me come live with him for six months and then marry and have me stay if everything went well. As a Bermudian and a Canadian, I've never needed to worry about visas and had visited the US more times than I can count. It sounded like a great plan.

I made him call USCIS first. He was told point blank that I could not enter the US with the intention of staying without first getting a visa. Phil tried the argument that I wouldn't know if I wanted to move sure for when I entered. I'd only know after we had spent six months together. He was told again that our plan was not legal. He asked to get transferred to a supervisor so they escalated the call to an immigration officer. The officer told him that us planning for me to stay unless we realized we couldn't live together was still entering with immigrant intent and illegal without a visa. The officer then told him that people do get away with this quite often but he wouldn't recommend it because we'd be screwed if we got caught. We were advised to get a K-1 visa.

Both immigration lawyers and USCIS immigration officers know immigration law ( though I know that for some lawyers and some IOs this is arguable ). Only one of those two types of people has something to gain by telling you what you want to hear.

~ Catherine

[JillA 2]

When Phil and I got to the point in our relationship where we were almost sure we were going to get married and live in the US, what he really, really wanted to do was have me come live with him for six months and then marry and have me stay if everything went well. As a Bermudian and a Canadian, I've never needed to worry about visas and had visited the US more times than I can count. It sounded like a great plan.

I made him call USCIS first. He was told point blank that I could not enter the US with the intention of staying without first getting a visa. Phil tried the argument that I wouldn't know if I wanted to move sure for when I entered. I'd only know after we had spent six months together. He was told again that our plan was not legal. He asked to get transferred to a supervisor so they escalated the call to an immigration officer. The officer told him that us planning for me to stay unless we realized we couldn't live together was still entering with immigrant intent and illegal without a visa. The officer then told him that people do get away with this quite often but he wouldn't recommend it because we'd be screwed if we got caught. We were advised to get a K-1 visa.

Both immigration lawyers and USCIS immigration officers know immigration law ( though I know that for some lawyers and some IOs this is arguable ). Only one of those two types of people has something to gain by telling you what you want to hear.

~ Catherine

[bradcanuck 1]

I know the Canada forum is lovey dovey and is supposed to help people... but I can't help but say it. I really can't stop myself: You're an idiot.

You clearly can't READ, you are clearly trying to scam the system and find an "easy way out."

When you came to Canada as an immigrant, did you do the same thing?

You're going to find the US is not forgiving - and pretending to be a harmless and clueless Asian immigrant will NOT get you past a USCIS AOS interview.

There, I said it. You can all relax now.

[Tankgurl38 0]

[BermyCat 1]

I know the Canada forum is lovey dovey and is supposed to help people... but I can't help but say it. I really can't stop myself: You're an idiot.

You clearly can't READ, you are clearly trying to scam the system and find an "easy way out."

When you came to Canada as an immigrant, did you do the same thing?

You're going to find the US is not forgiving - and pretending to be a harmless and clueless Asian immigrant will NOT get you past a USCIS AOS interview.

There, I said it. You can all relax now.

I'm confused. Why are we assuming that the person immigrated to Canada? Did I miss something?

I don't even know what to say about the bolded part....

~ Catherine

[Autumnchik 6]

Whoa!!! Where do you get that she is "pretending to be a harmless and clueless Asian immigrant"? I have to admit, I don't have all that much sympathy for the poster. I did when she first posted, as this process can be daunting and confusing. However, it seems that she hasn't done much proactively since December. However, it just feels racist to me to bring the Asian card into it. Why is that piece even relevant? We don't even know that she is Asian and, if we did, that has NO SIGNIFICANCE on the fact that she hasn't done anything despite being married for 6 months.

Edited April 29, 2009 by autumnchik

[Misty1979 0]

Umm yeah...I just read every single one of her posts, and didn't find anything about her being Asian, or having immigrated to Canada

[bradcanuck 1]

Her nickname is Donna Nguyen - that is a vietnamese name. The first name is used by thousands of immigrants who have first names that American/Canadians can not pronounce. Vietnamese normally don't name their second gen kids names they would give them in vietnam, as they want them to adjust.

Anyway, I don't have to defend myself at all - I know I am right. I've been on the internet too long, I know WAY too many Vietnamese, and after 5 months she is still ###### around? She's not hard to read.

I'm willing to bet anything on me being completely correct on my assumptions.

Also please point out where I was racist - I'd like to let my Jewish wife know asap that I am racist if you can see anything. Thanks.

Edited May 4, 2009 by bradcanuck