How do you prove non-intent to marry?

[Krikit 1,165]

I agree. The AOS-From-Other-Visa people I've seen were approved far quicker than I was coming in on a family-based visa.

[thisislove 0]

maybe AOS filing has made its way to a more level playing ground.. as my husband is adjusting now from a visitor visa and in my research all the filing from july up until now have taken the exact same time as those from K1..

we even have spreadsheets with filers from vj included from both categories and the progress is no different.

and all of us K holders and others.. have our spouses with us DURING aos.. so no real difference there.. im glad that my fellow sept filers have come together to support each other regardless of the route we came.. big up sept filers!!!

how do u prove non intent?? i don't know.. my husband did odd jobs here and there, mostly caring for his children, so no real emplyment verification, no bank accnts..he had his visa for a year and had visited before this last trip..our intent was like it always has been, to spend a lil more time getting to know each other, and this is how it ended. i can only hope that all goes well.

i encourage the OP to read some of the stories on this board of "other visas" , u will be encouraged by the successful stories of honest ppl finding themselves in the same situation u did.

may ur journey be BLESSED!!!

[Kittyfang 6]

how do u prove non intent?? i don't know.. my husband did odd jobs here and there, mostly caring for his children, so no real emplyment verification, no bank accnts..he had his visa for a year and had visited before this last trip..our intent was like it always has been, to spend a lil more time getting to know each other, and this is how it ended. i can only hope that all goes well.

This has been eating at me since it was posted. (hence why I asked questions about it earlier). But from what I have seen, and I could be very wrong, it seems that the interviewer will be more interested with seeing that your marriage is legitimate than proving that you didn't have intent to marry some years ago. I think that they assume that what you told CBP when you came is the truth. And that if you did lie and the can prove it, then you're in trouble. But if they have no proof, or if it has been too long (like a couple years) they will not even touch that subject. Again, I could be very wrong, so please someone correct me if I am.

[thisislove 0]

i have scanned these boards since july kitty and found only two instances whre they asked about intent, SIMPLY asked.. not assumed, or judged or requested proof..

so i am not even worried about that to tell u the truth.. if the question comes.. we will just answer and keep it moving..

i was like u and very worried about this issue till i read how many ppl have had very good experiences during the interview and i am sure we will do fine as well.. AND U WILL TOO.. dont worry, be happy LOL

[Kittyfang 6]

i have scanned these boards since july kitty and found only two instances whre they asked about intent, SIMPLY asked.. not assumed, or judged or requested proof..

so i am not even worried about that to tell u the truth.. if the question comes.. we will just answer and keep it moving..

i was like u and very worried about this issue till i read how many ppl have had very good experiences during the interview and i am sure we will do fine as well.. AND U WILL TOO.. dont worry, be happy LOL

thisislove, you have no idea how releived I am... I was about to cry yesterday, even got into a fight with the husband over it. I was in "freak out mode". What's more... I went to another forum (I'm sorry it was a one time thing. a fling, I wont do it again!!! ) and they started telling me ( they really didn't understand the case) that I was here illegally, that I was gonna get kicked out. That because I overstayed, I was doomed, They just about laughed me out of the forum.

But, you have saved my sanity. Now, my poor mistreated husband can come home to a calm wife.

[john_and_marlene 162]

i have scanned these boards since july kitty and found only two instances whre they asked about intent, SIMPLY asked.. not assumed, or judged or requested proof..

so i am not even worried about that to tell u the truth.. if the question comes.. we will just answer and keep it moving..

i was like u and very worried about this issue till i read how many ppl have had very good experiences during the interview and i am sure we will do fine as well.. AND U WILL TOO.. dont worry, be happy LOL

However much people think this should cause an issue; however much people disagree with others doing it; however much people think it is unfair...the reality of it is that it will not be an issue for the immediate family member of a USC for adjustment of status. Denials based on the 3 factors that I listed earlier have already been tested on appeal and those appeal decisions are now precidents that the USCIS is very well aware of and bound to abide by. Not liking the appeal rulings is not a reason to advise people to make thier lives more difficult by leaving the U.S. and suffering the same travails as those that have followed a different path.

[thisislove 0]

i have scanned these boards since july kitty and found only two instances whre they asked about intent, SIMPLY asked.. not assumed, or judged or requested proof..

so i am not even worried about that to tell u the truth.. if the question comes.. we will just answer and keep it moving..

i was like u and very worried about this issue till i read how many ppl have had very good experiences during the interview and i am sure we will do fine as well.. AND U WILL TOO.. dont worry, be happy LOL

However much people think this should cause an issue; however much people disagree with others doing it; however much people think it is unfair...the reality of it is that it will not be an issue for the immediate family member of a USC for adjustment of status. Denials based on the 3 factors that I listed earlier have already been tested on appeal and those appeal decisions are now precidents that the USCIS is very well aware of and bound to abide by. Not liking the appeal rulings is not a reason to advise people to make thier lives more difficult by leaving the U.S. and suffering the same travails as those that have followed a different path.

i agree 100%, those rulings could be the reason why they barely even touch the issue during the interview..

ppl should be given the WHOLE picture to make informed decisions, whether that be stay or leave instead of biased opinions on what is believed to be morally correct..

im so thankful that i found this board when i did..

[Kittyfang 6]

i have scanned these boards since july kitty and found only two instances whre they asked about intent, SIMPLY asked.. not assumed, or judged or requested proof..

so i am not even worried about that to tell u the truth.. if the question comes.. we will just answer and keep it moving..

i was like u and very worried about this issue till i read how many ppl have had very good experiences during the interview and i am sure we will do fine as well.. AND U WILL TOO.. dont worry, be happy LOL

However much people think this should cause an issue; however much people disagree with others doing it; however much people think it is unfair...the reality of it is that it will not be an issue for the immediate family member of a USC for adjustment of status. Denials based on the 3 factors that I listed earlier have already been tested on appeal and those appeal decisions are now precidents that the USCIS is very well aware of and bound to abide by. Not liking the appeal rulings is not a reason to advise people to make thier lives more difficult by leaving the U.S. and suffering the same travails as those that have followed a different path.

i agree 100%, those rulings could be the reason why they barely even touch the issue during the interview..

ppl should be given the WHOLE picture to make informed decisions, whether that be stay or leave instead of biased opinions on what is believed to be morally correct..

im so thankful that i found this board when i did..

I thank you all so much. I am feeling really relieved now.

[Kathryn41 3,205]

Kittyfang, if you are still looking for the types of evidence you can use in your circumstances, when did you end up notifying various Government agencies and other organizations (Canada Pension Plan, Canada Revenue Agency, Provincial Health plan, Provincial Driver's License, your bank, your telephone service, etc.) of your change of address? If it was shortly after you moved then that would indicate intent to remain, but if was a while after you were here, that would support your position that you didn't intend to marry and remain here until after you were here. Hehehe, if you still haven't notified them - you might want to, especially CPP as you do have benefits from employment invested in CPP, and Canada Revenue Agency as you do need to file your tax return for your last year in Canada.

You explanation of your arrival is fine - you came on a short holiday and then went home. When you got home you found out your job was ending, and still remembering how nice it was on holiday you decided to take an extended holiday with your boyfriend before looking for another job. The relationship 'worked' out and you two decided to marry. There is no need to produce a letter from an employer saying you were on a leave of absence (actually, that is a bad idea as that would not be true and you would be committing a falsehood to paper). Honesty is the best policy - tell the truth. You should be fine.

[Jamaican JNR 2]

Hi everyone,

I am new here, and I have read the guides about the CR-1, K-3 processes, and also the sortcuts guides. This forum has helped me more than anything else with all my questions. I hope I have put my question in the right place, but if not, please let me know!

My question is this: My boyfriend came to the US on a tourist visa (from the Netherlands). He quit his job before he left home, because his company is shutting his branch anyway and he wanted to stay in the US for 3 months to visit and see it for the first time. He's here and we've been talking about getting married. We want to just do a civil ceremony or maybe even go to Vegas for an Elvis wedding (I know, I'm crazy but I kind of like the idea). I would like for him to stay in the US with me while we file for his green card.

My understanding is that I'd either have to file for adjustment of status or file for a CR-1 for him. We have read about the penalties and we are scared about the requirement that we show we did not intend to get married when he came to America. How do we prove we didn't intend it? Will his residence permit be really hard to get because of how we got married? We are especially worried because he quit his job before he came here, and we don't want it to look wrong to the person reviewing our applications.

Because we're so worried about being accused of intending to marry from the start, and therefore being subjected to deportations or bans, we are wondering if it's better for us to just get married here and then when his tourist visa is up, he returns to NL to wait until it's accepted. If we did that, would that be legal? And during the time it was processing, could he come visit me again?

Thanks in advance for all your help!

Since you are both in love with each other, then that is the start; however immigration is not so straight forward. You have to let your fiance stay at least 90 days in the US before you both get married. Any earlier will raise a red flag, because immigration will perceive your case as coming to America with the intent of obtaining a greencard through marriage. Secondly, after your marriage, then you should file to "adjust status."

[Kittyfang 6]

Kittyfang, if you are still looking for the types of evidence you can use in your circumstances, when did you end up notifying various Government agencies and other organizations (Canada Pension Plan, Canada Revenue Agency, Provincial Health plan, Provincial Driver's License, your bank, your telephone service, etc.) of your change of address? If it was shortly after you moved then that would indicate intent to remain, but if was a while after you were here, that would support your position that you didn't intend to marry and remain here until after you were here. Hehehe, if you still haven't notified them - you might want to, especially CPP as you do have benefits from employment invested in CPP, and Canada Revenue Agency as you do need to file your tax return for your last year in Canada.

You explanation of your arrival is fine - you came on a short holiday and then went home. When you got home you found out your job was ending, and still remembering how nice it was on holiday you decided to take an extended holiday with your boyfriend before looking for another job. The relationship 'worked' out and you two decided to marry. There is no need to produce a letter from an employer saying you were on a leave of absence (actually, that is a bad idea as that would not be true and you would be committing a falsehood to paper). Honesty is the best policy - tell the truth. You should be fine.

I didn't do any change of address. I didn't really think about it, to be honest. Also, I have a somewhat "psychotic and deranged" ex, and I really did not want him to be able to find any information about my where about. Of all the things you listed, all I really had was a phone bill, that I simply canceled and a bank account (it was a joint account with previously mentioned psycho. I closed that one as well. Actually no, I had to sign a paper saying that I was letting him have the account. He blackmailed me into doing so by withholding money from the account. He's a real classy guy.

Also, to calm my nerves, I spoke with a community immigration help person this morning. And she said that just telling them what I said here (coming as a vacation and after the fact deciding to get married is just fine. Mostly because they assume you are being truthful. If you can prove your marriage, you're fine)

[visacheck 3]

I entered the U.S using a tourist visa. I was already married to my wife (USC) before I applied for a US tourist visa and came here. Even if i say i didnt have intent before i came, im sure you would say you dont believe me and most of you would say, i commited visa fraud.... sorry to disappoint you guys but the consul and IO didnt see it that way. Was never asked about intent on my AOS interview. I am saying this because it proves that an applicant cannot be denied just based on his/her intent. There are other factors.

Everytime somebody post his/her question that somehow looks like visa fraud, immediately people say "thats visa fraud, you cant adjust status"..... if somebody comments "yes you can adjust status and can not be denied based on intent"... immediately people say "thats not true". Like what john_and_ marlene said in his previous post, he showed proof that AOS applicants can not be denied just based on intent.... now its your turn to prove that applicants with intent will always be denied AOS.

Somebody here mentioned something about misrepresentation. Lying and not telling everything are two different things. If they were the same then why do most people advise those who are going to AOS interview... "only answer what you are asked."

Regarding processing time, its faster to Adjust status while in the US instead of K and CR visas because you wouls only have to wait for the AOS process. No more consular process.

I dont have proof to this but in my opinion, those people who adjust status in the U.S are those who have no problems getting a US visa and those who go through the consular process are those who are law abiding and/or those who cant get a US tourist visa. If given the chance I am sure some would still want to get tourist visa first and then adjust status in the US. i am not saying that those who came with tourist visas and adjusted status are not law abiding because it is not illegal to adjust status.

[Kittyfang 6]

I entered the U.S using a tourist visa. I was already married to my wife (USC) before I applied for a US tourist visa and came here. Even if i say i didnt have intent before i came, im sure you would say you dont believe me and most of you would say, i commited visa fraud.... sorry to disappoint you guys but the consul and IO didnt see it that way. Was never asked about intent on my AOS interview. I am saying this because it proves that an applicant cannot be denied just based on his/her intent. There are other factors.

Everytime somebody post his/her question that somehow looks like visa fraud, immediately people say "thats visa fraud, you cant adjust status"..... if somebody comments "yes you can adjust status and can not be denied based on intent"... immediately people say "thats not true". Like what john_and_ marlene said in his previous post, he showed proof that AOS applicants can not be denied just based on intent.... now its your turn to prove that applicants with intent will always be denied AOS.

Somebody here mentioned something about misrepresentation. Lying and not telling everything are two different things. If they were the same then why do most people advise those who are going to AOS interview... "only answer what you are asked."

Regarding processing time, its faster to Adjust status while in the US instead of K and CR visas because you wouls only have to wait for the AOS process. No more consular process.

I dont have proof to this but in my opinion, those people who adjust status in the U.S are those who have no problems getting a US visa and those who go through the consular process are those who are law abiding and/or those who cant get a US tourist visa. If given the chance I am sure some would still want to get tourist visa first and then adjust status in the US. i am not saying that those who came with tourist visas and adjusted status are not law abiding because it is not illegal to adjust status.

Very precise and informative... Thank you.

[Rixxyccfc 0]

this is not relevant to me at all, just out of curiosity- if someone came in on the WVP , got married after a certain period of time inside the 90 days, how long would it be before they could start to work? would they have to wait for an adjistment of status? how long would that take? it just seems like it would be not beneficial at all for someone to come in, get married and not be aloud to work for such a long time?

[visacheck 3]

this is not relevant to me at all, just out of curiosity- if someone came in on the WVP , got married after a certain period of time inside the 90 days, how long would it be before they could start to work? would they have to wait for an adjistment of status? how long would that take? it just seems like it would be not beneficial at all for someone to come in, get married and not be aloud to work for such a long time?

When i applied for AOS i got my EAD in less than 2 months. That is not a long time. People adjust status because they do not want to be separated with their spouses for such a long time.

Edited October 7, 2009 by visacheck