How do you prove non-intent to marry?

[john_and_marlene 162]

It is still not ok to jump the line, disregard immigration law and get the same benefits as people who did things following the letter of the law as it stands now.

And yet, it is done every day.

Sadly, true.

I wonder if it has ever been a factor in determining good moral character when applying for citizenship. Maybe I'll have to do some more looking.

[Chica Yeyé 41]

It is still not ok to jump the line, disregard immigration law and get the same benefits as people who did things following the letter of the law as it stands now.

And yet, it is done every day.

Sadly, true.

I wonder if it has ever been a factor in determining good moral character when applying for citizenship. Maybe I'll have to do some more looking.

I wouldn't think so. But then again, you never know. We might all live in The Matrix

[Beth/ Paris Heart 2]

Much to my surprise, it looks like the answer to the O.P.s question is "you don't have to prove it as long as you have not misrepresented yourself at the border".

No dis-respect rsn or anyone here, prove you did not misrepresent yourself at border. Its a crapshot!!!

[rsn 135]

Much to my surprise, it looks like the answer to the O.P.s question is "you don't have to prove it as long as you have not misrepresented yourself at the border".

No dis-respect rsn or anyone here, prove you did not misrepresent yourself at border. Its a crapshot!!!

?

[Beth/ Paris Heart 2]

Much to my surprise, it looks like the answer to the O.P.s question is "you don't have to prove it as long as you have not misrepresented yourself at the border".

No dis-respect rsn or anyone here, prove you did not misrepresent yourself at border. Its a crapshot!!!

?

My wording came out wrong rsn, nevermind. Im too wracked to continue. Got a plate full at embassy.

[trailmix 77]

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Look at the court rulings with regard to Adjustment of Status.

Specific links please. You cant just blanket statement something. Please quote background and context as some of the information you have provided is directly at odds with USCIS issued information.

For this specific concern regarding prior intent, look at the case law appeals ruling in the Matter of Ibrahim (BIA 1981) "Absent other adverse factors, an adjustment application should generally be granted in the exercise of discretion, notwithstanding an aliens entry as a nonimmigrant with a preconceived intent to remain"

This is peculiar since it seems to give an unfair advantage to those who can obtain a tourist visa for their fiance(e). On the other hand, if one lies to the CBP agent and gets into the country w/out letting the officer know the intent, then the AOS should surely be denied in this case. I don't see how anyone would get into the country w/ intent to immigrate and remain honest to the border agent. With that in mind, this information doesn't change anything as far as I can tell.

For the OP, this was not the case.

No, for the OP that is not the case, that much is true (and unfortunately the original question has been sidelined here). However you seem to be weaving a sparkly little web here. On the one hand you say:

A. "An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate".

Then you say:

B. "Material misrepresentation at the POE is a reason to deny adjustment".

You cannot have A without B.

[john_and_marlene 162]

If you are a USC, you don't have to worry about proving intent for adjustment of status.

An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate.

An immediate relative of a USC cannot be denied adjustment of status for overstaying.

An immediate relative of a USC cannot be denied adjustment of status for working without authorization.

Can you provide your source for that information please.

Look at the court rulings with regard to Adjustment of Status.

Specific links please. You cant just blanket statement something. Please quote background and context as some of the information you have provided is directly at odds with USCIS issued information.

For this specific concern regarding prior intent, look at the case law appeals ruling in the Matter of Ibrahim (BIA 1981) "Absent other adverse factors, an adjustment application should generally be granted in the exercise of discretion, notwithstanding an aliens entry as a nonimmigrant with a preconceived intent to remain"

This is peculiar since it seems to give an unfair advantage to those who can obtain a tourist visa for their fiance(e). On the other hand, if one lies to the CBP agent and gets into the country w/out letting the officer know the intent, then the AOS should surely be denied in this case. I don't see how anyone would get into the country w/ intent to immigrate and remain honest to the border agent. With that in mind, this information doesn't change anything as far as I can tell.

For the OP, this was not the case.

No, for the OP that is not the case, that much is true (and unfortunately the original question has been sidelined here). However you seem to be weaving a sparkly little web here. On the one hand you say:

A. "An immediate relative of a USC cannot be denied adjustment of status for having prior intent to immigrate".

Then you say:

B. "Material misrepresentation at the POE is a reason to deny adjustment".

You cannot have A without B.

Your logic is flawed unless you think that the mere intent is material misrepresentation--it is not.

To have material misrepresentation, you have to supply false information of a nature that, if the truth had been known, would have resulted in the denial of the benefit being sought.

If the IO at the POE asks you if you intend to stay beyond your I-94 and you say no even though you intend otherwise you have material misrepresentation. If the question is not asked then you don't have the same situation.

[trailmix 77]

Your logic is flawed unless you think that the mere intent is material misrepresentation--it is not.

To have material misrepresentation, you have to supply false information of a nature that, if the truth had been known, would have resulted in the denial of the benefit being sought.

If the IO at the POE asks you if you intend to stay beyond your I-94 and you say no even though you intend otherwise you have material misrepresentation. If the question is not asked then you don't have the same situation.

I have never not been asked why I am entering the U.S.

I guess the the random sampling of border guards that I have encountered are not the norm and that most people are not asked - what is the purpose of your visit to the United States.

[Kittyfang 6]

Wow. I am utterly confused.

For example, my situation: I came here for 2 weeks. I left and then learned that I was about to lose my job. I talked with my (now) husband and we decided that I should come back for a month or two, see how we like spending more time together. I was living in an apartment at the time, nothing was mine, not even the furniture. So, as time passed, I just didn't go back (I was paying by the month, so I didnt have to worry about rent while I was gone).

That being said. If I read what you all said: On one hand, I am FUBAR. Because, with the losing my job, the not having a place to go back to and the coming over here for 2 months, it's really hard for me to prove that I didn't have the intention to marry. While, on the other hand, I did not lie to the CBP when I said I was coming over to see my (then) boyfriend. Besides, I am Canadian, so no I-94 and no written reason given. Furthermore, I have been here for 2.5 years, like someone said, if I came here to marry and get a green card, you'd think I would have picked someone who could get one faster.

Someone UNconfused me please.

Edited October 5, 2009 by Kittyfang

[Chica Yeyé 41]

Wow. I am utterly confused.

For example, my situation: I came here for 2 weeks. I left and then learned that I was about to lose my job. I talked with my (now) husband and we decided that I should come back for a month or two, see how we like spending more time together. I was living in an apartment at the time, nothing was mine, not even the furniture. So, as time passed, I just didn't go back (I was paying by the month, so I didnt have to worry about rent while I was gone).

That being said. If I read what you all said: On one hand, I am FUBAR. Because, with the losing my job, the not having a place to go back to and the coming over here for 2 months, it's really hard for me that I didn't have the intention to marry. While, on the other hand, I did not lie to the CBP when I said I was coming over to see my (then) boyfriend. Besides, I am Canadian, so no I-94 and no written reason given. Furthermore, I have been here for 2.5 years, like someone said, if I came here to marry and get a green card, you'd think I would have picked someone who could get one faster.

Someone UNconfused me please.

After your I-94 (or entrance stamp since you are Canadian) expired, you began to accrue illegal presence (for more than 2 years). you can file for AOS from here of course, and then YOU have to convince the CO that you did not intend to stay. How? with evidence, tons of it. Your accrued illegal presence might cause denial of your Adjustment of Status, much more so than your entrance on a VWP.

[rsn 135]

Wow. I am utterly confused.

For example, my situation: I came here for 2 weeks. I left and then learned that I was about to lose my job. I talked with my (now) husband and we decided that I should come back for a month or two, see how we like spending more time together. I was living in an apartment at the time, nothing was mine, not even the furniture. So, as time passed, I just didn't go back (I was paying by the month, so I didnt have to worry about rent while I was gone).

That being said. If I read what you all said: On one hand, I am FUBAR. Because, with the losing my job, the not having a place to go back to and the coming over here for 2 months, it's really hard for me to prove that I didn't have the intention to marry. While, on the other hand, I did not lie to the CBP when I said I was coming over to see my (then) boyfriend. Besides, I am Canadian, so no I-94 and no written reason given. Furthermore, I have been here for 2.5 years, like someone said, if I came here to marry and get a green card, you'd think I would have picked someone who could get one faster.

Someone UNconfused me please.

My understanding of all of this, keeping the new information in mind is as follows:

As long as you did not lie to the officer at the border, you should be ok, even if you did intend to come here, get married, and adjust status.

I'm not saying I agree with this method of obtaining a GC since it seems like a shortcut, if there is case law to support it I am guessing that it will be tough to argue that it is illegal. Also, as it has been said, it seems unlikely that a border officer would not ask you why you are coming to visit the U.S. If you are faced with such a question and did not say "I intend to marry and adjust status" that seems like misrepresentation to me, but then again I'm not a lawyer and law can pretty confusing.

[Kittyfang 6]

Wow. I am utterly confused.

For example, my situation: I came here for 2 weeks. I left and then learned that I was about to lose my job. I talked with my (now) husband and we decided that I should come back for a month or two, see how we like spending more time together. I was living in an apartment at the time, nothing was mine, not even the furniture. So, as time passed, I just didn't go back (I was paying by the month, so I didnt have to worry about rent while I was gone).

That being said. If I read what you all said: On one hand, I am FUBAR. Because, with the losing my job, the not having a place to go back to and the coming over here for 2 months, it's really hard for me to prove that I didn't have the intention to marry. While, on the other hand, I did not lie to the CBP when I said I was coming over to see my (then) boyfriend. Besides, I am Canadian, so no I-94 and no written reason given. Furthermore, I have been here for 2.5 years, like someone said, if I came here to marry and get a green card, you'd think I would have picked someone who could get one faster.

Someone UNconfused me please.

My understanding of all of this, keeping the new information in mind is as follows:

As long as you did not lie to the officer at the border, you should be ok, even if you did intend to come here, get married, and adjust status.

I'm not saying I agree with this method of obtaining a GC since it seems like a shortcut, if there is case law to support it I am guessing that it will be tough to argue that it is illegal. Also, as it has been said, it seems unlikely that a border officer would not ask you why you are coming to visit the U.S. If you are faced with such a question and did not say "I intend to marry and adjust status" that seems like misrepresentation to me, but then again I'm not a lawyer and law can pretty confusing.

I see, the tricky (and frustrating thing) is that I did tell the truth. I was coming to visit my boyfriend. However, I don't have proof of that, and all the card point to me wanting to come here to marry. This is when a lawyer would be awesome to have...

[rsn 135]

Wow. I am utterly confused.

For example, my situation: I came here for 2 weeks. I left and then learned that I was about to lose my job. I talked with my (now) husband and we decided that I should come back for a month or two, see how we like spending more time together. I was living in an apartment at the time, nothing was mine, not even the furniture. So, as time passed, I just didn't go back (I was paying by the month, so I didnt have to worry about rent while I was gone).

That being said. If I read what you all said: On one hand, I am FUBAR. Because, with the losing my job, the not having a place to go back to and the coming over here for 2 months, it's really hard for me that I didn't have the intention to marry. While, on the other hand, I did not lie to the CBP when I said I was coming over to see my (then) boyfriend. Besides, I am Canadian, so no I-94 and no written reason given. Furthermore, I have been here for 2.5 years, like someone said, if I came here to marry and get a green card, you'd think I would have picked someone who could get one faster.

Someone UNconfused me please.

After your I-94 (or entrance stamp since you are Canadian) expired, you began to accrue illegal presence (for more than 2 years). you can file for AOS from here of course, and then YOU have to convince the CO that you did not intend to stay. How? with evidence, tons of it. Your accrued illegal presence might cause denial of your Adjustment of Status, much more so than your entrance on a VWP.

Len - Canadians don't enter using the VWP. Also, I'm not sure that failing to adjust status before her stay expired is a reason to deny the AOS - I could be wrong though. This was discussed in some depth over here.

Edited October 5, 2009 by rsn

[Kittyfang 6]

Wow. I am utterly confused.

For example, my situation: I came here for 2 weeks. I left and then learned that I was about to lose my job. I talked with my (now) husband and we decided that I should come back for a month or two, see how we like spending more time together. I was living in an apartment at the time, nothing was mine, not even the furniture. So, as time passed, I just didn't go back (I was paying by the month, so I didnt have to worry about rent while I was gone).

That being said. If I read what you all said: On one hand, I am FUBAR. Because, with the losing my job, the not having a place to go back to and the coming over here for 2 months, it's really hard for me that I didn't have the intention to marry. While, on the other hand, I did not lie to the CBP when I said I was coming over to see my (then) boyfriend. Besides, I am Canadian, so no I-94 and no written reason given. Furthermore, I have been here for 2.5 years, like someone said, if I came here to marry and get a green card, you'd think I would have picked someone who could get one faster.

Someone UNconfused me please.

After your I-94 (or entrance stamp since you are Canadian) expired, you began to accrue illegal presence (for more than 2 years). you can file for AOS from here of course, and then YOU have to convince the CO that you did not intend to stay. How? with evidence, tons of it. Your accrued illegal presence might cause denial of your Adjustment of Status, much more so than your entrance on a VWP.

Len - Canadians don't enter using the VWP. Also, I'm not sure that failing to adjust status before her stay expired is a reason to deny the AOS - I could be wrong though. This was discussed in some depth over here.

That is true, from everything I've read, failing to adjust before my stay expired is not a reason to deny. Actually, someone said it might work in my favor as it kinda proves that I did not marry to get a green card.

[Kittyfang 6]

Here's a good one... Let say I have a letter from my employer that states that I was taking an extended time off. For example "Kittyfang cannot bare to listen to the constant chatter of out receptionist and she is taking 2 months off to recuperate. We will be rehiring her in 2 months (or, we will think about it)" Would something like that help prove that I wasn't coming here to marry? Since it kinda proves that I was planing to go back.