Should I be worried?

[Amy&Xin 0]

My interview is 3 weeks away, and I am getting all nervous. My case is special in that my visa was cancelled by mistake last summer when I tried to enter the US after a two days trip with Amy to Canada. The officer mistakenly asked for EAD as a proof of my eligibility to work full time(I told him that I was doing a paid full time internship), when I have my CPT as my authorization to work. They denied my entry to the States , withdrew my i-20 and i-94, and asked me to go back to Canada. Amy was crying while waiting me in the lobby. We were terrified. However, after I left the office I talked to my manager at the company I was working for, he told us to go back and try to explain again, and we did go back and talk to a different officer. He instantly realized the other office made a mistake. They returned my i-20 and i-94, and made notes on a different page(not on the page that my visa is on) of my passport saying the cancellation was executed in error . My question is, my visa now has a big cross mark and said it was cancelled. My AOS has gone this far without a problem yet, but I am really worried the IO for the interview will give us a hard time for this. I tried to get a supporting letter from the officer that helped us, but he said he is willing to provide something only upon USCIS's request. Should I be worried? What else can I do?

[Boiler 45,519]

What is the visa type?

[Amy&Xin 0]

F1, student visa

What is the visa type?

[Krikit 1,164]

I know it's hard not to worry but it sounds like the evidence of the error is well documented. Good luck with your interview.

(Moving this thread to the AOS From Other Visa types forum.)

[Boiler 45,519]

The only thing that comes to mind is that the F1 ia a non immigrant type, so there may be a potential issue if you used it to enter with the intent of staying.

[payxibka 10,045]

if the visa was truly canceled they never would have let you enter, since they did, that should not pose an issue for you

[Amy&Xin 0]

That shouldn't be a problem since i didn't even know my wife when I came here.

The only thing that comes to mind is that the F1 ia a non immigrant type, so there may be a potential issue if you used it to enter with the intent of staying.

[Boiler 45,519]

That shouldn't be a problem since i didn't even know my wife when I came here.

The only thing that comes to mind is that the F1 ia a non immigrant type, so there may be a potential issue if you used it to enter with the intent of staying.

So who is Amy?

[john_and_marlene 162]

That shouldn't be a problem since i didn't even know my wife when I came here.

The only thing that comes to mind is that the F1 ia a non immigrant type, so there may be a potential issue if you used it to enter with the intent of staying.

It appears that you did know her when you returned from Canada. The return from Canada is a new entry. Was it already your intent to adjust status in the U.S. when you made the trip to Canada?

[TayRivers 4]

If you left for a trip to Canada after applying for AOS and you did not have AP then you have abandoned your aplication for adjustment of status. As your last entry was with intent you could be looking at visa fraud as you used a non-immigrant visa to enter with the intent of remaining in the US.

Looks like you have a bigger mess than you thought. You should seek guidence from a immigration lawyer before you go to your AOS interview.

[JERIII 8]

If you left for a trip to Canada after applying for AOS and you did not have AP then you have abandoned your aplication for adjustment of status. As your last entry was with intent you could be looking at visa fraud as you used a non-immigrant visa to enter with the intent of remaining in the US.

Looks like you have a bigger mess than you thought. You should seek guidence from a immigration lawyer before you go to your AOS interview.

The original poster didn't get married until November, according to his timeline, and the trip to Canada was in the summer, so he could hardly have abandoned his AOS before it was was filed.

He got married several months after the entry from Canada. When he entered from Canda he was comng in to continue the program for which he had an I-20. The fact that he knew his future bride is hardly evidence of intent to marry and remain.

OP - consulting a lawyer is never a bad idea, but don't jump to the worst possible conclusions, either.

[Philosykos 0]

Some people just seem to thrive on other people's (potential) problems... Also, there often seems to be some anger at people who are in a situation that allows them to avoid the K-1/K-3 etc. route, with the separation and all.

I agree with what JERIII said.

If you left for a trip to Canada after applying for AOS and you did not have AP then you have abandoned your aplication for adjustment of status. As your last entry was with intent you could be looking at visa fraud as you used a non-immigrant visa to enter with the intent of remaining in the US.

Looks like you have a bigger mess than you thought. You should seek guidence from a immigration lawyer before you go to your AOS interview.

Edited April 3, 2009 by Philosykos

[Amy&Xin 0]

No, we weren't considering marriage at all back then.

That shouldn't be a problem since i didn't even know my wife when I came here.

The only thing that comes to mind is that the F1 ia a non immigrant type, so there may be a potential issue if you used it to enter with the intent of staying.

It appears that you did know her when you returned from Canada. The return from Canada is a new entry. Was it already your intent to adjust status in the U.S. when you made the trip to Canada?

[Amy&Xin 0]

I don't think it is my problem now. The trip was way before our marriage. My visa expired on July 25th, 2008, and I made the trip in early august. With that being said, my visa already expired before I made the trip. According to immigration law, I can come back with an expired visa and my i-20 showing that I have unfinished school, I can come back from Canada or Mexico if the stay is not over 30 days. The immigration officer at the border made a mistake by asking me to prove my eligibility with an EAD, which I never had. What I had is an I-20 endorsed with CPT, and that is good enough. So they canceled my already expired visa, and asked me to go back to canada. It was corrected after I came back the second time, but with all the cross on my visa. I am worried about that is gonna pose questions to the immigration officer at the interview.

If you left for a trip to Canada after applying for AOS and you did not have AP then you have abandoned your aplication for adjustment of status. As your last entry was with intent you could be looking at visa fraud as you used a non-immigrant visa to enter with the intent of remaining in the US.

Looks like you have a bigger mess than you thought. You should seek guidence from a immigration lawyer before you go to your AOS interview.

I have a lawyer helping us with the whole process, I am here for a second opinion. Since my situation is unique, not all the lawyers know what will happen.

If you left for a trip to Canada after applying for AOS and you did not have AP then you have abandoned your aplication for adjustment of status. As your last entry was with intent you could be looking at visa fraud as you used a non-immigrant visa to enter with the intent of remaining in the US.

Looks like you have a bigger mess than you thought. You should seek guidence from a immigration lawyer before you go to your AOS interview.

The original poster didn't get married until November, according to his timeline, and the trip to Canada was in the summer, so he could hardly have abandoned his AOS before it was was filed.

He got married several months after the entry from Canada. When he entered from Canda he was comng in to continue the program for which he had an I-20. The fact that he knew his future bride is hardly evidence of intent to marry and remain.

OP - consulting a lawyer is never a bad idea, but don't jump to the worst possible conclusions, either.

[Amy&Xin 0]

Amy is my wife, back then gf. We never imagine we would get married this early before. Just things happened in a way we didn't expect. I am still in school, never did I abandon my study and I am really careful at maintaining my student status.

That shouldn't be a problem since i didn't even know my wife when I came here.

The only thing that comes to mind is that the F1 ia a non immigrant type, so there may be a potential issue if you used it to enter with the intent of staying.

So who is Amy?