HELP, CANADIAN IN USA, BEEN HERE FOR 8 MONTHS ON NO VISA WANT TO MARRY MY GIRLFRIEND. HELP

[antda 13]

Hi Everyone, (re-clarifying...for the final time...hope this makes sense...)

Yes, VISITOR to AOS is perfectly LEGAL to do! (lol...I for one have done such...see my vj timeline...)

No, it's not illegal that you came to the US and get married while you were down here for a visit.

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

Hope this helps too..Good luck on your journeys too..

Ant

P.S. If you of HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT you're probably better off filing for:

-A K1 (fiance visa...go back to your former country, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Edited December 31, 2009 by Ant+D+BabyA

[Brother Hesekiel 2,236]

People,

I know the rules and the procedures quite well. Reality is -- and you are welcome to point me to one, only one case where it backfired, -- that the I.O. at the AOS interview simply doesn't touch the subject of intent. If the USC is happy with their new spouse, they only check if the marriage is legit. CR-1, B2 or VWP . . . it all seems to work the same.

Moral? Immoral? Unfair? I don't go there. But I'm long enough on this board to have learned that people get approved despite doing the shortcut.

Do I condone that? No, but I don't blame those who go that route either. It's human nature that people try to find the easiest and/or fastest way to their destination, and if that way is open, don't blame those who take it.

Edited December 31, 2009 by Just Bob

[Dakine10 5,452]

People,

I know the rules and the procedures quite well. Reality is -- and you are welcome to point me to one, only one case where it backfired, -- that the I.O. at the AOS interview simply doesn't touch the subject of intent. If the USC is happy with their new spouse, they only check if the marriage is legit. CR-1, B2 or VWP . . . it all seems to work the same.

Moral? Immoral? Unfair? I don't go there. But I'm long enough on this board to have learned that people get approved despite doing the shortcut.

Do I condone that? No, but I don't blame those who go that route either. It's human nature that people try to find the easiest and/or fastest way to their destination, and if that way is open, don't blame those who take it.

For the last year or so, AOS filed after a VWP overstay is not automatic by any means. Google "VWP overstay AOS deported" and you will find cases where people have been deported and subject to the 3/10 year ban, even though they probably would have been fine if it was a B2 etc. The biggest reason for this seems to be that by entering on the VWP, you give up all rights to appeal any decision, even if the AO is wrong.

I know this doesn't apply to the OP, but I wanted to add this, just in case anyone on the VWP is contemplating this.

[FortLaudy 10]

For the last year or so, AOS filed after a VWP overstay is not automatic by any means. Google "VWP overstay AOS deported" and you will find cases where people have been deported and subject to the 3/10 year ban, even though they probably would have been fine if it was a B2 etc. The biggest reason for this seems to be that by entering on the VWP, you give up all rights to appeal any decision, even if the AO is wrong.

I know this doesn't apply to the OP, but I wanted to add this, just in case anyone on the VWP is contemplating this.

Wow, some scary stories, yikes!!! It's not about the legality I guess, as it can legally be done... it's the risks you're willing to take and if it's worth it...