How do you prove non-intent to marry?

[justcheckin 0]

Canadian citizens fall under a similar category as people who entered without inspection. An immigration judge must make a ruling that such a person indeed overstayed and needs to be deported. Unless you go back to Canada and on the way back to the US admit you overstayed previously.

I don't recommend overstaying or lying but since this discussion has gotten so much technical then I decided to mention this technicality.

Here's a link: http://www.canuckabroad.com/forums/do-i-ne...u-s-vt5123.html

[Kittyfang 6]

Canadian citizens fall under a similar category as people who entered without inspection. An immigration judge must make a ruling that such a person indeed overstayed and needs to be deported. Unless you go back to Canada and on the way back to the US admit you overstayed previously.

I don't recommend overstaying or lying but since this discussion has gotten so much technical then I decided to mention this technicality.

Here's a link: http://www.canuckabroad.com/forums/do-i-ne...u-s-vt5123.html

No, I was aware of that technicality. What I am starting to wonder is WHAT I should actually tell USCIS. I do not want to lie, but really, there is no reason to mention that I came here for 2 weeks, left for one then came back. That would only work against us.

[Chica Yeyé 41]

Anyone who overstays accrues illegal presence. And it becomes an issue in whether AOS is granted or not.

[Kittyfang 6]

Anyone who overstays accrues illegal presence. And it becomes an issue in whether AOS is granted or not.

Mhhh well ok, we kinda already talked about this and came to the conclusion that it would help me, more than hurt. But thank you for the input.

[Chica Yeyé 41]

Anyone who overstays accrues illegal presence. And it becomes an issue in whether AOS is granted or not.

Mhhh well ok, we kinda already talked about this and came to the conclusion that it would help me, more than hurt. But thank you for the input.

Mmmm well, ok... then please do not hijack other peoples' threads if you have your answers already

[Kittyfang 6]

Anyone who overstays accrues illegal presence. And it becomes an issue in whether AOS is granted or not.

Mhhh well ok, we kinda already talked about this and came to the conclusion that it would help me, more than hurt. But thank you for the input.

Mmmm well, ok... then please do not hijack other peoples' threads if you have your answers already

Thing is, I don't. I was comparing my situation to her because, oftentimes, when I ask questions, people do the same, and the answers they receive help me as well.

Mmm ok?

[rin and john 71]

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.

We here on VJ see things differently than the vast majority of immigrants and are overwhelmingly in the minority when it comes to immigration. The numbers for 2008 from DHS, Yearbook of Immigration Statistics:

http://www.dhs.gov/files/statistics/public...s/yearbook.shtm

In 2008, there were 175 million non-immigrant admissions into the USA. The vast majority of these were from Canada and Mexico. 39 million were admitted with an I-94 arrival/departure card. Of these 39 million, only 59,000 were admitted as K1/K2/K3/K4. So the K visa entries represent 0.03% of all non-immigrant entries and 0.15% of all I-94 arrivals.

With regards to permanent residency, in 2008 over 1.1 million people became permanent residents of the USA (got the green card!). Around 640,000 of these already lived in the USA when they received their GC, the remaining 466,000 were granted LPR status upon arrival.

367,000 aliens were granted LPR status as the spouse or child of a USC. Another 103,000 were granted LPR status as the spouse or child of a LPR for a total of 470,000 spouse/child LPRs. Of these 470k, we can assume that about 70,000 to 80,000 were K visa entries based on 2007 and 2008 K visa entries. For the remaining 400,000 they either received an immigrant visa abroad or filed AOS from within the USA. Given that 60% of all new GC recipients already live in the USA, it is fairly safe to assume that a significant number of the remaining 400,000 adjusted status from within the USA.

[Chica Yeyé 41]

thanks john & rin for those numbers.

[Kittyfang 6]

thanks john & rin for those numbers.

Indeed, those are eye opening.

[Usui Takumi 1,562]

Don't know if this helps the OP but you do not have to prove anything. Its up to USCIS to collect evidence to substantiate a strong claim against you. The primary danger of the VWP is simply that you have waived your right to an appeal if something should go wrong.

Edited October 5, 2009 by lancer1655

[Kittykisses73 1]

My friend ( now husband ) came here to visit me for the first time in Aug 2008. He had recently quit his job due to "personality conflicts", so we figured while he had some free time he would come to visit. After he had been here a few weeks, things progressed & he asked me to marry him one year ago today. We decided to get married Nov 1, 2008. We recently had our immigration interview in July 2009. We followed the instructions, & filed all the necessary papers. When we went to the interview we had plenty of documentation of a valid marriage, and to be honest the question of intent was never addressed. He did not have a job, but he does have a father he lived with & cared for, 6 siblings, his mother, a son with his first wife, a bank account which was still active long after he came here, and we did have proof of those things.

I would not suggest that anyone try to beat the system, but there are people who do find themselves in these situations, & if you have nothing to hide, you have nothing to fear. We filed our papers in March 2009 ( it takes that long to gather the necessary papers & documents ) & he got his green card in July 2009.

Much happiness!

[Kittyfang 6]

My friend ( now husband ) came here to visit me for the first time in Aug 2008. He had recently quit his job due to "personality conflicts", so we figured while he had some free time he would come to visit. After he had been here a few weeks, things progressed & he asked me to marry him one year ago today. We decided to get married Nov 1, 2008. We recently had our immigration interview in July 2009. We followed the instructions, & filed all the necessary papers. When we went to the interview we had plenty of documentation of a valid marriage, and to be honest the question of intent was never addressed. He did not have a job, but he does have a father he lived with & cared for, 6 siblings, his mother, a son with his first wife, a bank account which was still active long after he came here, and we did have proof of those things.

I would not suggest that anyone try to beat the system, but there are people who do find themselves in these situations, & if you have nothing to hide, you have nothing to fear. We filed our papers in March 2009 ( it takes that long to gather the necessary papers & documents ) & he got his green card in July 2009.

Much happiness!

I agree, I think the word is "Honesty". You're not trying to fool them into accepting your AoS, you're trying to show them that you deserve it. If that makes sense.

[Krikit 1,163]

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...

Your proof is you were permitted to enter the US. If the CBP Officer had been in the least bit suspicious, you would have been pulled into secondary and questioned further or denied.

I am moving this thread from the IR-1/CR-1 forum to AOS From Other Visa.

[SMR 368]

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...

Your proof is you were permitted to enter the US. If the CBP Officer had been in the least bit suspicious, you would have been pulled into secondary and questioned further or denied.

I am moving this thread from the IR-1/CR-1 forum to AOS From Other Visa.

I don't have statistics, but from people I know, one difference is that it takes a lot longer to adjust status from a visitor visa after marriage than from a K-1 or K-3. Admittedly for some people this isn't an issue, since from the visitor visa you are waiting together while the K-1 or K-3 means you just do a lot of your waiting apart. All I'm trying to say is that the AOS, in my experience, is indeed a rockier road for those that married on a tourist visa and did AOS without leaving. All told, it's probably about the same.

[TayRivers 4]

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...

Your proof is you were permitted to enter the US. If the CBP Officer had been in the least bit suspicious, you would have been pulled into secondary and questioned further or denied.

I am moving this thread from the IR-1/CR-1 forum to AOS From Other Visa.

I don't have statistics, but from people I know, one difference is that it takes a lot longer to adjust status from a visitor visa after marriage than from a K-1 or K-3. Admittedly for some people this isn't an issue, since from the visitor visa you are waiting together while the K-1 or K-3 means you just do a lot of your waiting apart. All I'm trying to say is that the AOS, in my experience, is indeed a rockier road for those that married on a tourist visa and did AOS without leaving. All told, it's probably about the same.

I have to disagree about it taking longer to do AOS from a VWP/Tourist Visa, over the years I have looked at timelines for couples doing AOS from VWP/Tourist Visa's and it takes no longer than someone doing AOS from a K Visa. It is no harder for people to do AOS from a tourist/VWP there is no additional evidence requested and the paperwork is the same and in most cases they are not even asked about their intent at POE at the AOS interview.