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Filed: AOS (pnd) Country: Canada
Timeline

I'm glad you are pointing these issues out to me....It's just a bit confusing sometimes....

I could still cancel my I485...get a job and then get a TN visa...which is a possibility to avoid all the hoops I guess

I suppose when you come to visit with the intention to marry AND Immigrate, is when it becomes illegal. Also - circumventing immigration law(s) by using one type of visa/entry-method in order to immigrate is called visa fraud - whether you had to actually apply for a visa or not (this includes those from VWP countries and Canada).

In my case, I'm already married to a USC and we have lived together in Canada before she moved back and then I came here to join immigrate.

My intention when I crossed the border was to be with my wife (for my allowed time) and obtain a TN visa if possible - which is not illegal for Canadians. I then decided to do an AOS immigrate as pointed out by a lawyer and by an officer the Washington field office. You asked the question "What are the typical issues that might come up in terms of processing my AOS?" and have been given the answer - you may not like them.

It's all subject to interpretation of the law!!!! Not really - things do tend to look great when you have rose-colored glasses on though.

For others who may read this - it is not legal to visit and then adjust status (immigrate) - people have been successful doing it and there have been those who have severely regretted the decision. Good Luck :thumbs:

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As I said you cannot adjust status but have to do a spouse visa. Fire your lawyer!!! Do a I-130 for a CR-1. After filing the i-130 check out "Ling Che's " NVC shortcuts. They will help speed things up when you get to the NVC stage.

Don't consider a K3.

Been there and DONE IT ALL!

Seems like you might be wrong on this...I have seen many threads that seem to indicate that it is legal fro me to do so....My intention was not to MARRY and IMMIGRATE...I am already married to a USC before coming here. Also, I didn't need a visa to come join my wife...

I do know that a LOT of people get away with coming to the US with intentions of marrying and staying and get away with adjusting status. Bottomline is if you "go for it" don't say anything as from what I know you are "skating on thin ice".

Sad but you can't always believe what IOs say USCIS > Lawyers also.

BETTER to do a conventional spouse visa as you won't have to worry about anything. Also do a CR-1 and you won't have to adjust status at all.

It's not like you guys will be apart a lot like peeps in other countries.

To me it's a "slam dunk"for a CR-1. Better yet a IR-1 if you will be married 2 years at POE later. You'll get a 10 year GC without adjusting status or removing conditions.

Just my $1 worth of advice.

Edited by Haole

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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I'm glad you are pointing these issues out to me....It's just a bit confusing sometimes....

I could still cancel my I485...get a job and then get a TN visa...which is a possibility to avoid all the hoops I guess

My husband and I did AOS through VWP. It was our only choice. Had we had another choice, we would have gone for it.

I'm a worrying type of person. The more time passed and the more I read about the risks of adjusting from VWP, the more I worried. Yes, most people are successful, but it's not the ideal way, or the "right" way, or the safest and most sure way.

Had we had the opportunity, we would have gone with a "safer" method. Even if we had to be apart for a period of time while waiting for paperwork, it would have certainly been much better than a negative alternative outcome to our AOS.

I guess it depends on how much of a risk taker you are, and how easy it is to always be able to see a positive outcome. You may be just fine. If I was in your situation, at this point I'd be worrying myself sick (been there done that ;) ). But that's just me, and some people never seem to worry about anything! :D

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  • 2 months later...
Filed: AOS (pnd) Country: Canada
Timeline
Seems like you might be wrong on this...I have seen many threads that seem to indicate that it is legal fro me to do so....My intention was not to MARRY and IMMIGRATE...I am already married to a USC before coming here. Also, I didn't need a visa to come join my wife...

While there are those who have done what you're suggesting (or your attorney suggested) and been successful - that doesn't make it legal.

What is being suggested is a method of circumventing US immigration law(s). I've said this to many people before - as long as you're aware of what you're doing (in other words not being naive about it) then at least you know what you're getting in to. Make no mistake, there are potential risks which I hope your attorney explained to you.

The choice is yours. :thumbs:

yup..just got my Green Card approval...I think you are scaring people off...and you should not post your opinion!!!

I don't think I coud have asked for an officer who was this nice. She even said: Oh...you're Canadian...Of course they don't stamp your passport and never asked a question other than simple formalities.

To all of you folks going though this: THe USCIS officers are nice people and they are only doing their jobs, nothing more than that. They aren't trying to go after people and to be inquisitive about their personal lives

Edited by Donna and Jay
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Congratulations. YAY!!!!!!!!!!

12/30/05 - married

7/14/06 - sent I-130

7/18/06 - notice of arrival I-130

8/03/09 - received approval I-130

7/28/09 - sent AOS package

7/29/09 - arrived Chicago lockbox

8/05/09 - touched

8/07/09 - received notice of arrival I-485

8/07/09 - received Biometrics appoitment notice for 9/2/09

8/22/09 - did walk-in biometrics (in/out within 30 minutes)

8/25/09 - touched

10/23/09 - received interview appoitment letter for 11/24/09

11/24/09 - Interview - approved received I-551 stamp

11/25/09 - received email from USCIS - card production ordered

11/28/09 - received welcome letter from USCIS (by mail)

11/30/09 - received email from USCIS - card production ordered

12/02/09 - received email from USCIS - I-1485 approval noticed mailed out

12/03/09 - touched

12/05/09 - received 10 year green card in the mail, Thank you Jesus

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