k1 switch to AOS???

[Inky 1,110]

I"m sorry john and marlene but huh?

I didn't understand your post. ARe you saying the AOS WILL be possible as per then a subsequent U.S. entry will most likely be successful when married to a USC.

or are you saying it is NOT possible as per It is not impossible.

I'm sorry, as someone who's read a TON about immigration, I am confused by what you're saying so I can only imagine how someone who is new to this might feel.

Thanks...

LGG

I don't think you can A.O.S once you've applied for the K1... in fact, it's impossible at this point as you've already alerted the USCIS and such that you're planning on getting married -- thus, negating the whole idea of ending up married on a visit and just adjusting from there. I'm pretty sure of this but there are TONS of very wise/knowledgeable people in this site who will give you correct advice.

It is not impossible. In fact an AOS filed from within the U.S. even after a K-1 was filed and then a subsequent U.S. entry will most likely be successful when married to a USC.

Being an immediate family member of a USC has been tested in court to be an overriding consideration for AOS that outweighs negative factors including prior intent, working without permission, and overstays.

I'll simplify. You are wrong.

so you are advising that OP cancels the K-1 and applys for AOS from no status at all? and risk getting denyed and a ban and deported? Not to mention there is NO appeal for AOS from a visitor if you are denyed.

Edited October 26, 2009 by Inky

[lgg 2]

That makes NO sense at all. The whole point of the AOS in this manner is that you unintentionally end up getting married on a visit and there was no preplanning of a marriage before hand as if so, it is considered fraud...

John and Marlene... you're USC/Philippine? Maybe the laws are different there, I'm not sure but I am pretty sure that if you file for a K1 visa, it's a fiancee visa, and then try and get married and adjust status, you could end up in a whole world of trouble....

If you're going to answer so succinctly and with such assuredness, would you mind backing it up with some sort of explanation or example. Just saying "you're wrong" doesn't help anyone.

Explain why I'm/we're wrong.

[Inky 1,110]

That makes NO sense at all. The whole point of the AOS in this manner is that you unintentionally end up getting married on a visit and there was no preplanning of a marriage before hand as if so, it is considered fraud...

John and Marlene... you're USC/Philippine? Maybe the laws are different there, I'm not sure but I am pretty sure that if you file for a K1 visa, it's a fiancee visa, and then try and get married and adjust status, you could end up in a whole world of trouble....

If you're going to answer so succinctly and with such assuredness, would you mind backing it up with some sort of explanation or example. Just saying "you're wrong" doesn't help anyone.

Explain why I'm/we're wrong.

correct I would NOT advise following " john and marlene " and their advice, doing so would open a WHOLE new can of worms with USCIS as well as their advice is technically fraud!!!!!! which on vj you are not allowed to advise someone on frauding the system.

[john_and_marlene 162]

That makes NO sense at all. The whole point of the AOS in this manner is that you unintentionally end up getting married on a visit and there was no preplanning of a marriage before hand as if so, it is considered fraud...

John and Marlene... you're USC/Philippine? Maybe the laws are different there, I'm not sure but I am pretty sure that if you file for a K1 visa, it's a fiancee visa, and then try and get married and adjust status, you could end up in a whole world of trouble....

If you're going to answer so succinctly and with such assuredness, would you mind backing it up with some sort of explanation or example. Just saying "you're wrong" doesn't help anyone.

Explain why I'm/we're wrong.

Read my previous post to the end. Especially the part where I mentioned the court tested exceptions for immediate family members of USCs. I explained. I didn't say it wasn't wrong to do it that way. I said it has been tested in court. The case law decisions relating to this topic indeed declare that such actions are wrong and are negative factors when adjudicating adjustment. However in their rulings they determined that being the immediate family member of a USC was a significant positive factor to the extent that it outweighed certain adverse factors. The adverse factors that were outweighed were the 3 that I mentioned earlier--prior intent, working without authorization, and overstays.

Just saying "what you think should be the outcome" doesn't help anyone and perpetuates bad information.

[SapphireDreams 71]

I'm sorry to inform you but that is incorrect. I spoke to CBP and on there system it says 6 months I asked if thats per calender year and he said "No" I asked if I can come back to Canada for an hour and return to the U.S. and the 6 months would start over again and he said

"correct". But it depends on the POE officer if they decide that you are staying in the United States to much they can deny entry.

Alot of people think its for one calender year but its not it would be too hard to calculate each visit example: 8 days in Jan, 5 days in March it doesn't work that way. I also spoke to a couple of immigration lawyers and they said the same thing.

That is correct, however, good luck convincing a US Border Patrol officer that by visiting for 6 months, coming back for a week and then going back for another 6 month "visit" is actually visiting and not living there. There is a HUGE grey area to contend with and could ultimately create problems with either a denial of entry or even a ban for a year or 3.

How exactly someone visiting for 6 months and then another 6 months with only a few weeks or days inbetween prove they have ties to Canada?? I'm not really sure. It's not like you can hold a job, a place to live (other than saying you live with parents which is pretty obvious is just a cover) or anything like that IN Canada if you're never there!

Whatever happened to a little patience? (I mean this in general) the K1 process is a drop in the bucket really. The 7,8,9 months go by so quickly if you ask me. If you're going to be in the US for 6 months of the process, I really don't see the issue. I know couples in the US in long distance relationships that are being held apart due to job or school commitments... life goes on and things will work out for them in the end. Do they switch schools or jobs? No, they wait out their journey and commit to an end goal of being together (for example, 3 years of law school apart).

After being with husband now for 5 months, if someone told me I had to go somewhere to work for 3 months and be apart again, would I do it? Absolutely. Why? Because we have a strong, understanding relationship that is more than just being together in person everyday. We could still talk to eachother everyday and know that we'd be together again forever really soon. Would it be easy, probably not, but would it be impossible or affect our relationship overall. Absolutely not!

If your priority is to be together forever, which it sounds like it is, then the journey to get there shoudn't matter (K1 vs. AOS). Ultimately, you will do what you need to do to get there, together or apart. So just try to remember the end goal and try not to let the bumpy journey get to you. The K1 journey isn't easy, but it's not impossible or the worst way to do things either, try to stay positive and remember that.

[lgg 2]

So are you working in family law? Are you a lawyer? Do you work for USCIS or NVC? If no, then you're spraying this whole thread with noxious hearsay and hypotheticals that may or may not stand to be true. Sure, maybe someone can bilk the system and sneak on through -- no one said it couldn't be done. Should it be done? Should we/you be telling people it can be done? No. You're remiss not only because you're spouting hearsay that may or may not be true but you're advocating that doing something illegal is the correct way to do it lest you get caught.

So, I'd advise that think you're right to yourself and go ahead and gloat mightily to your wife/husband but don't disseminate half truths and blatant ways of circumnavigating the law on a board that simply states do it the RIGHT way or get out off this site.

Okay?

Thanks.

Read my previous post to the end. Especially the part where I mentioned the court tested exceptions for immediate family members of USCs. I explained. I didn't say it wasn't wrong to do it that way. I said it has been tested in court. The case law decisions relating to this topic indeed declare that such actions are wrong and are negative factors when adjudicating adjustment. However in their rulings they determined that being the immediate family member of a USC was a significant positive factor to the extent that it outweighed certain adverse factors. The adverse factors that were outweighed were the 3 that I mentioned earlier--prior intent, working without authorization, and overstays.

Just saying "what you think should be the outcome" doesn't help anyone and perpetuates bad information.

Edited October 26, 2009 by lgg

[trailmix 77]

MJ, I haven't seen this question before and I do not know the answer.

My advice, since you are both in the U.S., would be for you to schedule an infopass appointment and go and talk to the USCIS yourselves and ask them directly.

Good luck

[john_and_marlene 162]

If no, then you're spraying this whole thread with noxious hearsay and hypotheticals that may or may not stand to be true.

So, I'd advise that think you're right to yourself and go ahead and gloat mightily to your wife/husband but don't disseminate half truths and blatant ways of circumnavigating the law on a board that simply states do it the RIGHT way or get out off this site.

You are the one that offerred a response based only on what you thought to be true.

I did not base my response on hearsay or hypotheticals-- it is based on the case law that every adjudicating officer is bound by. For this specific instance you should look at the Matter of Cavazos which directly addresses the prior intent and the matter of Ibrahim that clarifies that the ruling applies only to immediate family members of USCs.

The precedent decision for Cavazos can be seen here: http://imminfo.com/Resources/CIS/matter_of_cavazos.html

The original question in this topic regarded the following assumptions.

1. They filed for K1

2. They are currently in the U.S.

Q: Can they successfully adjust status while in the U.S. and abandon the K1

The answer is yes.

Rather than giving a correct answer, you went off on a rationalization that it was impossible because of your understanding--not based on fact, but on hearsay and hypotheticals.

I did not advocate taking this path

I answered the question without personal judgement or opinion.

[Ban Hammer 13,343]

That makes NO sense at all. The whole point of the AOS in this manner is that you unintentionally end up getting married on a visit and there was no preplanning of a marriage before hand as if so, it is considered fraud...

John and Marlene... you're USC/Philippine? Maybe the laws are different there, I'm not sure but I am pretty sure that if you file for a K1 visa, it's a fiancee visa, and then try and get married and adjust status, you could end up in a whole world of trouble....

If you're going to answer so succinctly and with such assuredness, would you mind backing it up with some sort of explanation or example. Just saying "you're wrong" doesn't help anyone.

Explain why I'm/we're wrong.

correct I would NOT advise following " john and marlene " and their advice, doing so would open a WHOLE new can of worms with USCIS as well as their advice is technically fraud!!!!!! which on vj you are not allowed to advise someone on frauding the system.

he is not advising the op on how to fraud the system....he's answering the question of the op - in that yes, it is possible. the wisest choice for the op? that's up to the op to determine.

and once before, in a thread far far away, i thought i was right about something and john was wrong - and i ate lots of crow that day. just food for thought.....

Edited October 26, 2009 by charles!

[lgg 2]

Me no like crow!

If that's the case -- no issues here and we'll all go on our merry ways -- I have not wish to ruffle feathers OR eat crow...

Peace...

LGG

[sachinky 465]

Even if you cancel the K1, it DOES NOT disappear off the radar. USCIS still has record of your fiance visa. FYI.

Of course, at the end of the day, it is your decision but there could be a lot of trouble if they decide to question you about your prior intent at a AOS interview.

K1s are the quickest of the lot -- some have it done in 3-4 months. And Canada isn't half the world away -- say like India -- you could still vist your fiance and vice versa.

And my sincere advice to you is: Please DON'T try to play U.S. immigration. This is only for your sake.

At the end of the day, the burden of proof rests upon you. Not them. ONLY YOU.

And this is just my objective third-party opinion: for someone who had NO idea/intent about getting engaged till not even a month back, you seem to be in an awful hurry to get married all of a sudden. And I don't know too many people who visit the U.S. with a police clearance certificate.

I hope everything works out well for you. Good luck on your visa journey.

P.S.: I could have gone the AOS route as I was on a F1/OPT (both are still valid till July 2010) but I felt like I couldn't get married without my parents/friends/family meeting my husband first. I just couldn't do it. So he came to India and we got married here. And we went with the CR1 route. Certainly AOS would have been easier and we could've avoided this painful separation. But in all honesty, I couldn't go through with something easier just for its sake and not have my husband meet everyone else I love, just as dearly as I love him.

Do I miss my husband? Of course, I do. I cry daily. Do I wish I had chosen the easier option and remained in the U.S. through this process? I won't lie. Sometimes, yes. But I believe our relationship is strong enough to make it through with us being apart from each other for a few months. After all, we have the rest of our lives to spend together.

Edited November 15, 2009 by sachinky

[Jo&Si 9]

To the OP: if you then have everything figured out, planned out, and are so sure you are all knowledgeable of how the process works; why bother ask? People on VJ have been where you are before, and know the process because they -we- have lived through it. Relax, and listen to the advise of the folks here. Or not, do it the MJHawk way, and deal with the consequences.

Really, a good attitude and opening yourself to be teachable goes a long way in this board. Otherwise, you might end up alienating the VJ membership, who are the ones who can and will help you.

Totally agree with you Len!