my situation..would love advice and info

[canadabunny 0]

I'm wondering if anyone who has been through this could share a little of their story so i know what i'm getting into. I am Canadian, in the US (chicago). I have been here for about 3 months as a tourist,visa free.I have until the end of May to remain legal here. I plan on getting married to a US citizen but i don't want to have to go back to Canada and wait to come in on a fiance visa. So, i'm going to get married and then stay and file to adjust my status. I only just learned that i could do this as an option and i'm very happy about it because i don't want to spend any time apart from my fiance and can't wait to be able to work here etc. I'm still a bit confused though on the whole process except for that it involves ALOT of paperwork.I'm also worried about being approved because i entered the US about 7 times last year and almost each time was taken into the back room and inspected and questioned.All i was doing was visiting my boyfriend in either Vegas or Chicago,each time for no more than a week except for when i stayed from July-October,left and was in australia and canada for a month and then my last trip here was in November,and have been here since. I had no intentions of getting married when i last came here but have since decided to do so(for all the right reasons!) ...Anyway, i have read alot of posts on this website and it has all been very informative with everyone's timelines etc, but i haven't seen alot regarding poeple who match my exact situation. Anyone out there from Canada,come to the us without a visa,gotten married and THEN filed to adjust status? I'm very curious to hear about these experiences. I'm stressed about the paperwork to come but more so worried about not being approved and having to leave! Also, because i have been here 3 months so far, i'm wondering what the best time would be to get married,as i read that the longer amount of time after entering the better. I plan on going to vegas in May 2 days before my tourist status expires and would love to get married then but i'm not sure if it's too risky being so close to my legal leave date.

Any thoughts,advice and info would be very much appreciated! Thanks!

[hcj 0]

You may have a problem, you may not. Generally speaking, most "tourist" adjustments work out fine. Your chances are usually improved if you have good evidence that you were intending to return to Canada after your visit.

There *are* instances where they question your intent on entry and believe that you had immigrant intent when you came in. If this happens, they can and will deny your adjustment application. If you go back and get a K visa, you will not run this risk. (You will still run the risk of them not believing you are really married, but we all had to deal with that one no matter which way our spouses came in.)

Many, many people adjust every year on something other than a K visa entry, but not a lot of folks on visajourney. I don't think I've seen any I-94-less Canadians posting here recently. You might want to try some other forums to maximize your chance for responses from people "in your exact situation".

Or, see an immigration attorney. An initial consultation shouldn't run more than a couple hundred bucks, and IMO is worth the peace of mind you will get.

[canadabunny 0]

I have been doing some more reading on various other websites as well and have heard poeple talking about being "inspected" - to me this means what i experienced when going through customs last november- i was sent to a room and asked a bunch of questions,they counted my money,etc. I didn't enter with a visa nor did i have an I-94 (?) I have read that in order to marry here and adjust status that upon my entry to the us i would have to have been "inspected". What is the exact definition of this and do i qualify? I certainly would think that there is a record of me being here considering the amount of questions i was asked and with what appeared to me to be the officer inputing information (my answers) into a computer all the while. Or is that all just to intimidate me? I swear,every time i go through customs my heart is racing and i fear not being granted entry,even though i know i'm not doing anything wrong. I should also note that the last time i came in, even though i planned on only being here for a week, i was asked to go back to the airline counter and get my return ticket printed.That was all fine, but my plans changed and instead of being here for a week i have now been here for 3 months.I didn't cancel the flight (i wouldn't have been refunded anyway) i just didn't show up. Will this have been noted,and will it affect my chances of being approved for OAS through marriage? I absolutely had no intentions of staying this long or getting married at the time, and i'm sure i can come up with evidence and proof to support my relationship but i'm just wondering about this "inspection" thing. I spend way too much time on my computer reading up on all this to the point my eyes and back are sore,lol.But i suppose it will all be worth it at some point. If anyone knows about this, please do tell...thanks.

[hcj 0]

Yes, you were "inspected." "Entry without inspection" refers to people who do not come through any immigration check point, i.e., they snuck across the border, were stow-aways on shipping containers, etc.

[daisy16 0]

Welcome to VJ! Lotsa Canadian folks here too. You may want to search the old forum, it's pinned around here somewhere. We had a huge overhaul a few weeks back and much of what may help you is discussed in the old forum.

I didn't follow this route, but many have and seemed to have no problems. If you can handle organizing yourself to do the reems of paperwork and reading all of the VJ info carefully, you shouldn't need a lawyer, you've done nothing illegal.

Just a bit of unsolicited advice, if I may. Since you've been inspected and have travelled to the US a fair bit in the last year, I would think that if you decide to leave and then petition for a family visa, you may not be allowed back without the official visa. You raised a red flag the last time, they got worried that you would do exactly what you've done. The information would have been entered into their computer system and they may stop you the next time, unless you have a visa granting you permission to return.

[dmartmar 1]

I have been doing some more reading on various other websites as well and have heard people talking about being "inspected" - to me this means what I experienced when going through Customs last November - I was sent to a room and asked a bunch of questions, they counted my money, etc. I didn't enter with a visa, nor did I have an I-94 (?). I have read that in order to marry here and adjust status, that upon my entry to the us I would have to have been "inspected." What is the exact definition of this and do I qualify? I certainly would think that there is a record of me being here, considering the amount of questions I was asked and with what appeared to me to be the officer inputing information (my answers) into a computer all the while.

The 1st flag was raised when you told the interviewer that your one and only true intent was to be here for just a week as a tourist, while carrying neither a Tourist Visa, nor I-94 to substantiate your claim. Right away your story contradicted itself. And the fact you had numerous times in the past come in using the same pretext, was also taken into consideration.

Which is why you were inspected to begin with.

I should also note that the last time I came in, even though I planned on only being here for a week, I was asked to go back to the airline counter and get my return ticket printed. That was all fine, but my plans changed, and instead of being here for a week, I have now been here 3 months. I didn't cancel the flight (I wouldn't have been refunded anyway), I just didn't show up!

A 2nd flag was then raised when you disobeyed the officer's order to return to the airline counter to get a return ticket printed. I wouldn't put it past him walking over to the counter as soon as you left, asking the clerk whether or not a return ticket had been requested by and handed to you. Believe me, this fact will be eventually used against you, "assuming" the officer entered this in the computer system. He basically gave you an opportunity to either confirm, or disprove his suspicions of your immigrant intent (depending on how you interpret it).

In other words, you showed immigrant intent by not only disregarding the officer order for you to get a return ticket printed "in front of him," but also by overstaying your tourist intent claim of a week.

[dmartmar 1]

You raised a red flag the last time, they got worried that you would do exactly what you've done.

Exactly.

You raised a red flag the last time, they got worried that you would do exactly what you've done.

Exactly.

[diadromous mermaid 36]

I have been doing some more reading on various other websites as well and have heard people talking about being "inspected" - to me this means what I experienced when going through Customs last November - I was sent to a room and asked a bunch of questions, they counted my money, etc. I didn't enter with a visa, nor did I have an I-94 (?). I have read that in order to marry here and adjust status, that upon my entry to the us I would have to have been "inspected." What is the exact definition of this and do I qualify? I certainly would think that there is a record of me being here, considering the amount of questions I was asked and with what appeared to me to be the officer inputing information (my answers) into a computer all the while.

The 1st flag was raised when you told the interviewer that your one and only true intent was to be here for just a week as a tourist, while carrying neither a Tourist Visa, nor I-94 to substantiate your claim. Right away your story contradicted itself. And the fact you had numerous times in the past come in using the same pretext, was also taken into consideration.

Which is why you were inspected to begin with.

I should also note that the last time I came in, even though I planned on only being here for a week, I was asked to go back to the airline counter and get my return ticket printed. That was all fine, but my plans changed, and instead of being here for a week, I have now been here 3 months. I didn't cancel the flight (I wouldn't have been refunded anyway), I just didn't show up!

A 2nd flag was then raised when you disobeyed the officer's order to return to the airline counter to get a return ticket printed. I wouldn't put it past him walking over to the counter as soon as you left, asking the clerk whether or not a return ticket had been requested by and handed to you. Believe me, this fact will be eventually used against you, "assuming" the officer entered this in the computer system. He basically gave you an opportunity to either confirm, or disprove his suspicions of your immigrant intent (depending on how you interpret it).

In other words, you showed immigrant intent by not only disregarding the officer order for you to get a return ticket printed "in front of him," but also by overstaying your tourist intent claim of a week.

It makes no difference how long the OP remained, as long as she did not overstay the permitted timeframe.

Did the OP say she did not go back to the airline counter? From the post it sounds as if she didn't use the return portion of her airline booking, since she would not have been entitled to a refund, but I can't see where she said she didn't print the ticket.

[john_and_marlene 162]

good luck

[pax 0]

You may want to to consult with and retain an attorney who has experience with adjustment from tourist status(es). I know that if one applies to adjust status from VWP and he or she is denied, the denial cannot be appealed, but I don't know if that's true for Canadians, too.

Best of luck.

[pri 0]

well Flames 99(user ID on VJ) I believe married on his visit BUT returned back and filed his CR1/IR1 and also used to visit regularly his USC lucky he was never asked any questions at POE. he always used to mention visiting friends

Edited February 13, 2006 by pri

[Steffi 0]

A 2nd flag was then raised when you disobeyed the officer's order to return to the airline counter to get a return ticket printed. I wouldn't put it past him walking over to the counter as soon as you left, asking the clerk whether or not a return ticket had been requested by and handed to you. Believe me, this fact will be eventually used against you, "assuming" the officer entered this in the computer system. He basically gave you an opportunity to either confirm, or disprove his suspicions of your immigrant intent (depending on how you interpret it).

In other words, you showed immigrant intent by not only disregarding the officer order for you to get a return ticket printed "in front of him," but also by overstaying your tourist intent claim of a week.

As diadromous mermaid mentioned already, I also can't see where she said that she didn't go to get her ticket printed! She just didn't show up for the flight when it was time to leave...but it does sound like she got the ticket printed.

Talk about negativity.

[honey 4 0]

i would appreciate if you can tell me what procedure you did for filling your status, i have the same case but im in b1 visa, and already married here few days ago and my visa is about to expired.

[pax 0]

Also, Canadians do not require visas to enter as tourists, dmartmar.

[meauxna 15]

i would appreciate if you can tell me what procedure you did for filling your status, i have the same case but im in b1 visa, and already married here few days ago and my visa is about to expired.

How Do I Become a Lawful Permanent Resident While in the United States?

http://uscis.gov/graphics/howdoi/legpermres.htm