Advice needed fast....AOS question

[Danu 19]

Hmmm. The only stretchy part I see is trying to prove it if USCIS asks them to, might be better with a lawyer, just because there was a petition in there for the CR-1. I'd say to call USCIS but we all know that they would have no idea whats actually right.

[antda 13]

Krikit-Lol..Interesting link that you posted...

Sounds kind of like my story....(though minus the student visa and multiple entries part and the from Germany part...lol...)

That's why I consulted with a lawyer for my case...It sure helped me there...

And I think in this case, it will help the OP out too....

Okay, now I am going to throw a wrench into the works. Sorry. *cringe*

My understanding, in this instance, is that the OP had no intent to come to the US to bypass the immigration process. She originally came here planning to marry then return to Canada to go through the CR-1 process. After arriving their plans changed. There was no intent, at entry, to bypass the immigration process. The intent was to visit and marry, but not stay. Have a read at the attached link. It looks to me like you can cancel the current petition and file for AOS. But don't take my word on it. Consult with a qualified attorney first. If I get a minute, I'll try to find some threads where some others were in the same situation. Did you take a look at the forum I linked for you in my previous post?

Link to "Ask a Lawyer" Archive

Danu-Very well said here too... I agree..The stretchy part is proving to the USCIS that there was no intent...Tough call.....

Yes, for the OP the intention was to visit...but the tricky part is that they were intending to go through the CR-1 visa and on top of that, filed the I-130 for the CR-1 already...that shows intent to immigrate, as they wanted to file for an immigrant visa in the first place when they returned to Canada.

Now if they haven't filed foms or anything in the first place while in the USA, that's a different story.....

Sorry...the USCIS has them on records with the I-130 for the CR-1 already....can't turn back there...

That's why I said for them to do the CR-1 visa instead..Besides they wanted to do that in the first place...

So..."Continue what you started with the I-130...and finish the CR-1 visa process"......

Hmmm. The only stretchy part I see is trying to prove it if USCIS asks them to, might be better with a lawyer, just because there was a petition in there for the CR-1. I'd say to call USCIS but we all know that they would have no idea whats actually right.

Trailmix-Lol....I agree, I guess in this case, doing the research beforehand may have backfired....lol...

Regardless, good luck to the OP with their journey through the CR-1 process! And may it be a speedy and problem free one for you too!

Ant

Edited January 6, 2010 by Ant+D+BabyA

[trailmix 77]

I think I missed the post where they didn't know about AOS'ing. Not that I'm aware if it makes a difference or not. Did you read the content on that link? It makes you go "Hmmm." I really want to take immigration law, now, just so I can definitively answer questions like this with a yay or a nay. lol

Good point (and yes, the lawyer makes the same point too) I think I chose to overlook that important point - that the OP did not have intent to immigrate on this trip - and that is key.

Apologies to the OP, I didn't think this one through.

You don't need law school

Edited January 6, 2010 by trailmix

[antda 13]

Good point (and yes, the lawyer makes the same point too) I think I chose to overlook that important point - that the OP did not have intent to immigrate on this trip - and that is key.

Apologies to the OP, I didn't think this one through.

You don't need law school

Trailmix-But what about the next trip? And trips after that?

And on top of that, Canadians don't get mulitple entry visas (heck, Canadians don't get visas in most cases).

So it is even harder to prove intention of immigration there

The USCIS has a record of them filing the I-130.....

Not sure if that would get them in trouble or not, if they go back to Canada and them come back...

They could be denied that way...unless they filed for the CR-1 or K3, in Canada...and then come back to the USA

That's why I said do not leave...if doing the Visitor to AOS route...

No guarantee of coming back to the USA if caught illegally immigrating....

Ant

Edited January 6, 2010 by Ant+D+BabyA

[trailmix 77]

Well if anything, him filing the CR1 might prove that he didn't have intent to immigrate on this particular trip.

He can't go back to Canada without AP, but I didn't see him mention that he intended to if he filed AOS?

Edited January 6, 2010 by trailmix

[Krikit 1,165]

There are people who have done this exact same scenario. Jacquie will need to do a search to find them, but I'll try to help if I get a minute. The intent has to be proven at the Port of Entry. Since they let her in, she proved to the officer that she had no intent to bypass immigration. If she hadn't proved it, they would have refused her entry.

Jacquie.... you need to do more research. Consult with a competent attorney.

[Craig-n-Jacquie 0]

Good point (and yes, the lawyer makes the same point too) I think I chose to overlook that important point - that the OP did not have intent to immigrate on this trip - and that is key.

Apologies to the OP, I didn't think this one through.

You don't need law school

Okay I feel like I am back to square one...what to do?? I didn't know about the AOS before filing the I-130....Again my question would be if I could actually file the AOS where we have already filed the I-130????

[Krikit 1,165]

Okay I feel like I am back to square one...what to do?? I didn't know about the AOS before filing the I-130....Again my question would be if I could actually file the AOS where we have already filed the I-130????

The answer to the basic question is "Yes".

[antda 13]

Well if anything, him filing the CR1 might prove that he didn't have intent to immigrate on this particular trip.

He can't go back to Canada without AP, but I didn't see him mention that he intended to if he filed AOS?

Yes, the filing of the CR-1 proves that they had no inention of immigrating on this visit...

From what I understand..The OP only filed the I-130 (petition to bring a family member over, or something like that)....

The I-130 is used for multiple purposes for immigrant visas....and can be used for both the CR-1 and AOS....

Which is where it gets tricky...

They filed the I-130 (in October) before the AOS forms (not filed yet)

The I-485 is the main AOS form...

So if they filed the I-130 before the I-485...it could show intent there...

If they filed the I-130 together, along with the other forms in the AOS package (which also includes AP)...that's a different story...as they wanted to immigrate and adjust status at the same time, after their visit and marriage...and not before then....

So it's the timing of things here....

As I mentioned before: If they filed no forms at all, that's a different story...But they already filed a I-130 form...which might or might not be used against them, as the USCIS has that on file already...

And since they have intent of filing the CR-1...might as well continue with that anyways...

Hope this helps too. Wishing the OP all the best there...

Lol..Best in this case to maybe contact a lawyer too...(pm me if you need a recommendation for one as well...)

Ant

Edited January 6, 2010 by Ant+D+BabyA

[trailmix 77]

Craig-n-Jacquie said that he (or she?) did not have intent to immigrate when he entered the U.S.

As krikit has pointed out, that's the bottom line here.

[antda 13]

There are people who have done this exact same scenario. Jacquie will need to do a search to find them, but I'll try to help if I get a minute. The intent has to be proven at the Port of Entry. Since they let her in, she proved to the officer that she had no intent to bypass immigration. If she hadn't proved it, they would have refused her entry.

Jacquie.... you need to do more research. Consult with a competent attorney.

Yes, the same thing happened to me....They let me in...no intent to immigrate...Then got married...Did the AOS...The rest is history....

But the concern here is that they already filed the I-130....tough call....as to how intent can be re-interperted here....

I agree...definitely do more research too...And consult a compentent attorney if need be (I did that..and it worked out well for me...)...

Ant

[antda 13]

Craig-n-Jacquie said that he (or she?) did not have intent to immigrate when he entered the U.S.

As krikit has pointed out, that's the bottom line here.

Yes..That is true...that the OP did not have intent...And that's why I also pointed out the Visitor to AOS route in my original post.....

But it's the I-130 form filing before the rest of the AOS package and also them wanting to go back to Canada asap...that's the tricky part....

If you can somehow bypass that....then there might not be any problems there with the Visitor to AOS thing...

But that is where I don't know how that would come into play with the timing of filing of all the AOS forms...

Best go the CR-1 route instead.....And also consult a lawyer too....

Ant

Edited January 6, 2010 by Ant+D+BabyA

[coldwatersurf 5]

Hmmm everyone has valid questions here. maybe my experience may be of use.

Short story: I visited and my hubby proposed and continued to cross the border. I had no intention to get married right away. There was an issue w/ my wedding date so we speed things up & decided to get married 3 weeks after getting engaged. and i continued to cross the border and sometimes the officers would grill me with questions! On the day of my wedding, i was asked why i was taking all this stuff (for wedding)? the officers wanted to know if i was going to stay in US and never come back.

So.... I dont really have a solid answer with the OP's AOS question. but i believe the OP can go back to canada and visit back and forth as long as she proves that she has no intent of moving illegally!. Maybe if she has a lease agreement or mortgage she can show the officer. I read earlier that she quit her job (i think)? well if she did, she needs something that proves she still has properties, assets, businesses to attend to in canada. in my experience when i crossed with my wedding stuff, the officer was nice to me b/c i proved i had no intention of moving to US ILLEGALLY (he stressed this)!!! I told them where i lived, what i did for living, and how much my income was. the officer helped me & told me to go through the I 129F route and then AOS.

when I started researching the immigration process, i contacted the Blaine border office and i happen to get a lady that just immigrated her canadian husband and she was an immigration officer. she sent me the link to VJ's K3 guide! haha (that's how i learned about VJ). She also said take I129F then AOS. She also said I can cross the border w/o a problem. You can also take it a step further and this is what she said about crossing the border:

"Once your husband has submitted the initial I-130 application and received his “Certified, return receipt requested” card which I recommend he do, I recommend that you take the card and visit the border crossing you most likely will frequent, and explain your situation and ask permission to continue to visit your husband while the I-130 is being processed. To do this you should either park on the Canadian side and walk to the US side, or drive to the US side and tell the Inspector that you wish to go inside to inquire about immigrating and commuting. it is possible to come and go while your application is being processed; you just need to know how to go about it. That’s what I’m here for. For those Immigration Officers who have a hard time comprehending this, the parole will come into play."

she was pretty cool

but my concern is I 130 has already been filed. i remember talking to the consulate and they told me if i had multiple petitions it will raise a red flag.

Edited January 6, 2010 by borderdriver

[Krikit 1,165]

Good input, BorderDriver.