Intention at POE. Some Confusions

[sasaqlain 24]

I have been reading and following VJ very closely and must admit that Its forums have saved me alot of precious time and money. But there is some confusion that I have regarding the Intent while at the POE? Could somebody guide me in clear wordings.

Q) At POE, If the intention is to enter the USA and only get married with no intention to Adjust Status be considered as visa-fraud?

Q) At POE, If the intention is to enter the USA and get married with no intention to Adjust Status and later on events and circumstances force you to Apply for AOS be considered Visa Fraud?

Regards.

[Bobby+Umit 161]

I have been reading and following VJ very closely and must admit that Its forums have saved me alot of precious time and money. But there is some confusion that I have regarding the Intent while at the POE? Could somebody guide me in clear wordings.

Q) At POE, If the intention is to enter the USA and only get married with no intention to Adjust Status be considered as visa-fraud?

No. But if you tell them you are getting married, you probably won't be let in.

Q) At POE, If the intention is to enter the USA and get married with no intention to Adjust Status and later on events and circumstances force you to Apply for AOS be considered Visa Fraud?

Same question as above, however, since you are planning on "maybe" AOS, you would have a tough case. In itself, this situation is usually taken in account if you marry an USC, however, if you have other negative factors against you, it will not be "forgiven". Again, if you tell them you are coming in to marry someone - you will probably not be admitted. That should give your answer.

Regards.

[msdelila 1]

I have been reading and following VJ very closely and must admit that Its forums have saved me alot of precious time and money. But there is some confusion that I have regarding the Intent while at the POE? Could somebody guide me in clear wordings.

Q) At POE, If the intention is to enter the USA and only get married with no intention to Adjust Status be considered as visa-fraud?

Q) At POE, If the intention is to enter the USA and get married with no intention to Adjust Status and later on events and circumstances force you to Apply for AOS be considered Visa Fraud?

Regards.

What kind of visa will you be entering on? Tourist?

1st question. No, it wouldn't be considered fraud. Lots of people go to the US (e.g. Las Vegas) to get married.

2nd question. Yes, they would probably consider (or think) that you were trying to be fraudulent. Especially since you got married recently in the States. When you do get an interview, I think that you would have alot of trouble trying to convince the officer that when you came into the US, you didn't plan on staying and adjusting status. I would advice against going that route.

If you want to get married and move to the US, you can either (apply for a Fiance visa and go through that route) or CR1 visa, or apply through your local US embassy if your fiance is a resident of that country too.

Good luck

[christera22 8]

Saspak bhai , i tried to answer this in another post too. Personally the stage you and me are, we shdnt and cannot think of these. Of course B1/B2 is not the right visa to adjust from. The visas to adjust from are K1/K3,CR1/IR1 etc. But then people do adjust. But then , from my studies what i have understood is , USCIS is entirely interested in what lead to change of decision of adjusting & staying here. Marriage here is not the problem. I dnt know personally whether you used to know your wife before coming here or not.

E.G. my case : i met my now wife through a dating site in 2007, but then we talked mainly on art and stuff and then i designed her book and came to us for the 1st time to attend some publication issues. Now i stayed for 2 months and went back. We also wanted to know each other and face. Now in 2008-2nd time when i came it was the same perpose of business except this time the book was really published and we were attending some fairs together. I asked the embassy for 5 months of stay and they gave me 1 yr multientry visa. When i asked the POE officer for 5 months & that my return plane ticket is after 5 months, he laughed and said he cannot give more than 3 months on a b1 visa and told me to file for an extension. But though i was visiting for real perpose of attnding these fairs, i was also in love with her and was visitng to know each other more. The POE officer didnt ask anything about that and i didnt say as my perpose was to attend the fairs which is true. Which is not lying to a POE officer is also imp.

NOw during my stay her doctor suggested a big surgery to take place within 3-4 months, on which she wanted me to stay back as she wanted me with her. So we married before 3-4 days of my visa expiery. Now thats what i am trying to point out that impromptu marriage based on a cause, which was not planned, really means. Though we could`nt file after 8 months of our marriage because of the shortage of money but then we were married after 84 days of my stay here. So a hasty marriage is never good in their eyes. We also have a large age difference between us , my wife is elder. BUt then if there are no other adverse causes like criminal records, illegal work.............uscis do`nt deny cases so long it looks bonafide and ongoing. These guys are trained to look into people`s lives and understand that easily.

i) Overstayed visa and was not married to an USC ( marriage before the visa expiery is imp)

ii) Married after visa expired. So USCIS sees this marriage as a path to stay in US

iii) Didnt used to know the USC before coming here. ( added with point ii )

Hope this helps.............. but a bonafide and ongoing marital relationship is imp. USCIS takes a very traditional look towards this.

Thanks

Christera

[sasaqlain 24]

I have been reading and following VJ very closely and must admit that Its forums have saved me alot of precious time and money. But there is some confusion that I have regarding the Intent while at the POE? Could somebody guide me in clear wordings.

Q) At POE, If the intention is to enter the USA and only get married with no intention to Adjust Status be considered as visa-fraud?

No. But if you tell them you are getting married, you probably won't be let in.

Q) At POE, If the intention is to enter the USA and get married with no intention to Adjust Status and later on events and circumstances force you to Apply for AOS be considered Visa Fraud?

Same question as above, however, since you are planning on "maybe" AOS, you would have a tough case. In itself, this situation is usually taken in account if you marry an USC, however, if you have other negative factors against you, it will not be "forgiven". Again, if you tell them you are coming in to marry someone - you will probably not be admitted. That should give your answer.

Regards.

Bobby Umit

We have been involved for quite some time, and eventually the intention was to get married. Not during this trip and Not in the US. But since I have already filed for AOS now, there is no turning back. Have always had a very clean Travelling history all my life. Never over-stayed anywhere in the world. Never spent more than a month away from my country in my entire life. Dont know how this will be taken into account at the interview now. You said, " In itself, this situation is usually taken in account if you marry an USC, however, if you have other negative factors against you, it will not be "forgiven"." Would you care to explain please. I am married to a USC Now. Applied for AOS with no criminal history whatsoever. No over-stays. Adjusting from B-2 was never on my list of things, but my wife's pregnancy made me change my mind. The delayed interviewed date wil probably ensue that I would be sitting infront of the IO with a very demanding and cranky baby in my Lap!

Edited May 15, 2009 by saspak

[sasaqlain 24]

msdelila

I have been visiting the US frequently since 1993, always on a tourist visa. Your advice is sound, but since I have already sent in the AOS and am just an interview away, I am afraid, i can't follow your advice now. My decision was such a hasty one, that I still dont know what I am doing here:) With the EAD at hand, I still handle my business back home. Left my house, that I had just bought there. Even till this day, I use my credit cards from back home. I guess, I have to face the IO and find out what lies in store for me now.

Thank you for your sincere reply though.

[Bobby+Umit 161]

I have been reading and following VJ very closely and must admit that Its forums have saved me alot of precious time and money. But there is some confusion that I have regarding the Intent while at the POE? Could somebody guide me in clear wordings.

Q) At POE, If the intention is to enter the USA and only get married with no intention to Adjust Status be considered as visa-fraud?

No. But if you tell them you are getting married, you probably won't be let in.

Q) At POE, If the intention is to enter the USA and get married with no intention to Adjust Status and later on events and circumstances force you to Apply for AOS be considered Visa Fraud?

Same question as above, however, since you are planning on "maybe" AOS, you would have a tough case. In itself, this situation is usually taken in account if you marry an USC, however, if you have other negative factors against you, it will not be "forgiven". Again, if you tell them you are coming in to marry someone - you will probably not be admitted. That should give your answer.

Regards.

Bobby Umit

We have been involved for quite some time, and eventually the intention was to get married. Not during this trip and Not in the US. But since I have already filed for AOS now, there is no turning back. Have always had a very clean Travelling history all my life. Never over-stayed anywhere in the world. Never spent more than a month away from my country in my entire life. Dont know how this will be taken into account at the interview now. You said, " In itself, this situation is usually taken in account if you marry an USC, however, if you have other negative factors against you, it will not be "forgiven"." Would you care to explain please. I am married to a USC Now. Applied for AOS with no criminal history whatsoever. No over-stays. Adjusting from B-2 was never on my list of things, but my wife's pregnancy made me change my mind. The delayed interviewed date wil probably ensue that I would be sitting infront of the IO with a very demanding and cranky baby in my Lap!

Again, if you marry an USC, even if you were "planning" on doing it when you entered into the US, cannot be used against you, there is a court finding that basically tells the USCIS not to consider this as a stop to the AOS.

Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

However, as noted above, they will look at any other negative factors, like working without a permit, illegal activity, misrepresentation, things of this nature, to make the determination. They look at the "whole" picture.

From what you have posted, it seems you would not have any negative factors that would prevent the AOS.

Standard statement:

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

[sasaqlain 24]

i) Overstayed visa and was not married to an USC ( marriage before the visa expiery is imp)

ii) Married after visa expired. So USCIS sees this marriage as a path to stay in US

iii) Didnt used to know the USC before coming here. ( added with point ii )

Hope this helps.............. but a bonafide and ongoing marital relationship is imp. USCIS takes a very traditional look towards this.

Thanks

Christera

Christera22 Brother, Yes I knew her for quite some time. Maybe a Year. I visited the US twice before while in the relationship to figure out where we stand with each other. Your post was quite helpful though. My confusion was that I did have the intention to marry, but never to adjust status. And I have no intentions of lying to the IO either. Your situation is understandle and am sure you wont have any problems atleast.

[sasaqlain 24]

I have been reading and following VJ very closely and must admit that Its forums have saved me alot of precious time and money. But there is some confusion that I have regarding the Intent while at the POE? Could somebody guide me in clear wordings.

Q) At POE, If the intention is to enter the USA and only get married with no intention to Adjust Status be considered as visa-fraud?

No. But if you tell them you are getting married, you probably won't be let in.

Q) At POE, If the intention is to enter the USA and get married with no intention to Adjust Status and later on events and circumstances force you to Apply for AOS be considered Visa Fraud?

Same question as above, however, since you are planning on "maybe" AOS, you would have a tough case. In itself, this situation is usually taken in account if you marry an USC, however, if you have other negative factors against you, it will not be "forgiven". Again, if you tell them you are coming in to marry someone - you will probably not be admitted. That should give your answer.

Regards.

Bobby Umit

We have been involved for quite some time, and eventually the intention was to get married. Not during this trip and Not in the US. But since I have already filed for AOS now, there is no turning back. Have always had a very clean Travelling history all my life. Never over-stayed anywhere in the world. Never spent more than a month away from my country in my entire life. Dont know how this will be taken into account at the interview now. You said, " In itself, this situation is usually taken in account if you marry an USC, however, if you have other negative factors against you, it will not be "forgiven"." Would you care to explain please. I am married to a USC Now. Applied for AOS with no criminal history whatsoever. No over-stays. Adjusting from B-2 was never on my list of things, but my wife's pregnancy made me change my mind. The delayed interviewed date wil probably ensue that I would be sitting infront of the IO with a very demanding and cranky baby in my Lap!

Again, if you marry an USC, even if you were "planning" on doing it when you entered into the US, cannot be used against you, there is a court finding that basically tells the USCIS not to consider this as a stop to the AOS.

Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

However, as noted above, they will look at any other negative factors, like working without a permit, illegal activity, misrepresentation, things of this nature, to make the determination. They look at the "whole" picture.

From what you have posted, it seems you would not have any negative factors that would prevent the AOS.

Standard statement:

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

You are the best! Just lifted a heavy weight off my chest. I'll leave the rest to fate. Thank you.

[Killer_Clown_2009 0]

Sas, I entered the US in 08/05 as a tourist from Canada. I married my husband in 10/05, at that point the intent was for me to go back to Canada. We had already lived together in Canada for over a year from 2002 to 2003.

Our plans changed and we decided to stay in the US, as he had this really good job and the place where I lived in Canada (small, in the middle of nowhere) would not offer him comparable employment.

I filed to adjust status in 2006, as I had basically used up my savings and we needed a second income (also I didn't like being dependant on anyone).

I was never treated by anyone at USCIS like I was committing any sort of fraud and was not questioned about intent. The only place, I was ever treated badly for the way I immigrated was here in these forums!!!!!

So, please don't worry about it. I was given all kinds of warnings from people here and even told that what I did was illegal and I would have these issues, but I did some research and didn't let those kinds of comments stress me out.

It took under 5 months to get my green card and it was a completely painless process.

Edited May 15, 2009 by jane2005

[sasaqlain 24]

Sas, I entered the US in 08/05 as a tourist from Canada. I married my husband in 10/05, at that point the intent was for me to go back to Canada. We had already lived together in Canada for over a year from 2002 to 2003.

Our plans changed and we decided to stay in the US, as he had this really good job and the place where I lived in Canada (small, in the middle of nowhere) would not offer him comparable employment.

I filed to adjust status in 2006, as I had basically used up my savings and we needed a second income (also I didn't like being dependant on anyone).

I was never treated by anyone at USCIS like I was committing any sort of fraud and was not questioned about intent. The only place, I was ever treated badly for the way I immigrated was here in these forums!!!!!

So, please don't worry about it. I was given all kinds of warnings from people here and even told that what I did was illegal and I would have these issues, but I did some research and didn't let those kinds of comments stress me out.

It took under 5 months to get my green card and it was a completely painless process.

Thank You so Much Jane2005 for your detailed reply and sharing your experience with me. Your post really boosted my morale:) I know that adjusting from VWP, Tourist & F visa's is highly frowned upon not only on this forum but any other, and indeed alot of the times, the applicants do have fradulent intent, but we all have our reasons for taking such risky decisions. Since we have not been through the interview process, we have to look up to those(you) who have faced the system and experienced it. My situation is somewhat almost similar to yours. The only difference was I didnt want to leave a working pregnant wife behind who couldn't leave her job, for she was to sponsor me and due to the pregnancy I couldnt risk being away from my baby.

Out of the frying pan, into the fire is my situation:)

Thank you for your post and May God Bless You.

Edited May 15, 2009 by saspak