Canadian tourist marrying US citizen and filing for AOS

[unique135 0]

I am aware that "Canadian tourist marrying US citizen and residing in US and filing for AOS" process is discussed on VJ for number of times. However, it is hard to prove that this process is denied or risky (although considered illegal). Especially, if doing so after 60 days of entry and under legal non-immigrant status.

Often, lawyers/attorneys exploit and advise this route. This is where it becomes a problem. I like to go for IR-1/CR-1; however, my in-laws ignorantly support first route with the backup from lawyers. I know ultimately I have to make decision (But, in-laws' approval matters as they will be helping me out as well).

Thus, I am asking VJers to help me prove that marrying US citizen and residing in US and filing for AOS is not ultimate route. I need some evidence/statistics/cases.

In support,

1. Such route is illegal because of intent to stay in US. (But, we all know how this route is misused intentionally.)

2. If I do marry and file AOS within 60 days, I have prove my marriage was unintentional. (So, in such case, is this like I am guilty first then prove my innocence; overall how does USCIS look into such cases?)

3. If I do as above after 60 day, what is scenario then? (As you must be aware of 30/60/90 rule).

4. Is duration for filing AOS through this route longer than other route? (I am assuming that such cases are likely to suspected and reviewed thoroughly, thus possible RFEs and even denials).

5. Any other delays?

This thread could likely answers all questions that related to this route. I am also aware that this route is like double-edged sword. I would appreciate if you reflect on its negatives.

Thank you

Note to Moderators/Administratiors: My intent here is to support legal processes by understanding the consequences of above mentioned route. I don't intend to entertain/encourage this route. However, if you find this thread unacceptable; you can remove/delete this thread.

[canadian_wife 1,822]

1. It's not the intent to stay that is illegal, it is the intent to enter as a tourist when you want to immigrate. This violates immigration law

2. They could ask you in the interview "show us you had no intention of marrying when you entered the US" or "Show us your ties to Canada BEFORE you entered the US"

3. There is no 30/60/90 day rule in USCIS. This is a term lawyers throw around but no where in US immigration law is this discussed.

4. No

5. Yes - the possible lifetime ban from the United States for lying to an immigration officer when you entered as a 'tourist' when you intended to enter and immgate to the US violating thus US immigration laws

We will not tell you that entering as a tourist with the intention to immigrate is fine and you won't get caught. It is illegal and the consequences are dire

Good luck.

[aaron2020 11,651]

I am aware that "Canadian tourist marrying US citizen and residing in US and filing for AOS" process is discussed on VJ for number of times. However, it is hard to prove that this process is denied or risky (although considered illegal). Especially, if doing so after 60 days of entry and under legal non-immigrant status.

Often, lawyers/attorneys exploit and advise this route. This is where it becomes a problem. I like to go for IR-1/CR-1; however, my in-laws ignorantly support first route with the backup from lawyers. I know ultimately I have to make decision (But, in-laws' approval matters as they will be helping me out as well).

Thus, I am asking VJers to help me prove that marrying US citizen and residing in US and filing for AOS is not ultimate route. I need some evidence/statistics/cases.

In support,

1. Such route is illegal because of intent to stay in US. (But, we all know how this route is misused intentionally.)

2. If I do marry and file AOS within 60 days, I have prove my marriage was unintentional. (So, in such case, is this like I am guilty first then prove my innocence; overall how does USCIS look into such cases?)

3. If I do as above after 60 day, what is scenario then? (As you must be aware of 30/60/90 rule).

4. Is duration for filing AOS through this route longer than other route? (I am assuming that such cases are likely to suspected and reviewed thoroughly, thus possible RFEs and even denials).

5. Any other delays?

This thread could likely answers all questions that related to this route. I am also aware that this route is like double-edged sword. I would appreciate if you reflect on its negatives.

Thank you

Note to Moderators/Administratiors: My intent here is to support legal processes by understanding the consequences of above mentioned route. I don't intend to entertain/encourage this route. However, if you find this thread unacceptable; you can remove/delete this thread.

You clearly have the intention to enter the US to marry and remain. Therefore, you are illegally entering the US because you will have to lie to the consular officer at the border when he/she asks if you have anything to declare. You are looking at a big legal bill and a lot of headaches. If you can come to the US legally, why would you risk it to save yourself 6-12 months of separation? Stoopid.

[Kathryn41 3,205]

Are you already in the US? If so, did you intend to try and stay in the US when you entered by getting married and applying to adjust status? (your information leads me to suspect this is not the case). If you are not in the US at this time then you do not have an option to enter the US, get married (time frame is irrelevant) and apply to adjust status - that is considered visa fraud - using a 'tourist' visa when you are really an intending immigrant. While there are people who do take this route, it is illegal, and they can face serious repercussions - bans of several years, etc. - from re-entering the US if they are discovered. Tell your relatives it is not worth the worry and the repercussions - and that it is illegal.

There are appropriate immigrant visas available and if you are not in the US right now, then you have already indicated immigrant intent so you need to pursue one of those instead.

If you are in the US now and had no intentions of staying when you entered, you can marry and apply to adjust status. This is legal. You can also marry and return to Canada for the processing of an immigrant visa. This also is legal.

If you are not in the US and not yet married, then you can pursue a fiance visa (K-1) or get married and pursue a spousal visa (CR-1 and K-3, although a K-3 is virtually obsolete right now).

AOS is AOS - they have too many applications to try and speed some up and slow some down. They are all subject to the same process. Some security checks take longer than others. Some offices are backlogged and so it takes a while to process and to schedule an interview. The speed of the processing does not depend on how it was filed, although it will probably affect whether or not you get an interview. The interview may focus on determining what your intent was at the time of entry - or not, depending on the evidence that you submit and the timing of events.

There is no time lines involving 30 days, 60 days, etc. with AOS. If you enter the country on a K-1 visa you have to get married within 90 days and apply for the AOS. Your legal status in the US expires after 90 days unless you file for AOS.

Some lawyers have cautioned individuals who are in the US as visitors not to marry within 60 days of arrival as that makes it more suspect that your intent on entry was to marry and stay so basically, the longer time before you marry and apply the more realistic it appears. That, of course, is speculation but it is the story told by many lawyers.

Edited January 7, 2010 by Kathryn41

[AKV2010 0]

A followup question..

If husband already in US on LPR, wife (applies, receives, enters on visitor visa after true declaration of husband LPR), then husband apply for USC and receive it; then can wife apply for I130/485 ? is it becoming illegal when visit visa expire during I130/485 processing ? can wife stay or should leave and do consular processing ?

how intent judged here ?

[tvivle 0]

i have a question, thanks for answering. my gf is in u.s (lpr) and i have a tourist visa (10yrs multiple entry). can i visit her anytime or is there a limit? i am from philippines by the way. thanks again.

[Krikit 1,164]

Moving from Bringing Family Members to General Immigration Discussion.

AKV2010 and lovey tvivle,

You are best to start your own threads to obtain answers to your questions.

[tvivle 0]

Moving from Bringing Family Members to General Immigration Discussion.

AKV2010 and lovey tvivle,

You are best to start your own threads to obtain answers to your questions.

thanks...

[antda 13]

Hi Unique135,

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 situation, 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 VISITyou'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...)

I am aware that "Canadian tourist marrying US citizen and residing in US and filing for AOS" process is discussed on VJ for number of times. However, it is hard to prove that this process is denied or risky (although considered illegal). Especially, if doing so after 60 days of entry and under legal non-immigrant status.

Often, lawyers/attorneys exploit and advise this route. This is where it becomes a problem. I like to go for IR-1/CR-1; however, my in-laws ignorantly support first route with the backup from lawyers. I know ultimately I have to make decision (But, in-laws' approval matters as they will be helping me out as well).

Thus, I am asking VJers to help me prove that marrying US citizen and residing in US and filing for AOS is not ultimate route. I need some evidence/statistics/cases.

In support,

1. Such route is illegal because of intent to stay in US. (But, we all know how this route is misused intentionally.)

2. If I do marry and file AOS within 60 days, I have prove my marriage was unintentional. (So, in such case, is this like I am guilty first then prove my innocence; overall how does USCIS look into such cases?)

3. If I do as above after 60 day, what is scenario then? (As you must be aware of 30/60/90 rule).

4. Is duration for filing AOS through this route longer than other route? (I am assuming that such cases are likely to suspected and reviewed thoroughly, thus possible RFEs and even denials).

5. Any other delays?

This thread could likely answers all questions that related to this route. I am also aware that this route is like double-edged sword. I would appreciate if you reflect on its negatives.

Thank you

Note to Moderators/Administratiors: My intent here is to support legal processes by understanding the consequences of above mentioned route. I don't intend to entertain/encourage this route. However, if you find this thread unacceptable; you can remove/delete this thread.

[HeatDeath 430]

Amplifying one of Ant's points, consider this very carefully:

If you try to adjust status from a fiance or spousal nonimmigrant visa and, for some bizarre reason are denied, you can appeal. Such appeals are virtually always successful. They seem to figure that if you want to bother appealing, the marriage must be valid

If you try to adjust status from a tourist visa and, for some bizarre reason are denied, you CANNOT appeal!

Now, that bizarre reason could be anything at all. Maybe the IO found your husband's tie offensive at the interview. Maybe someone who looks just like you hit his dog with their car that week. The point is, with one option you have protection from random junk like this. With the other, you don't.

Even though the odds of success for the two cases are pretty much the same, and quite high, the downside risk for adjusting from a tourist visa is much greater - the possible negative consequences are much harder to overcome.

All this is quite apart from the Ninth Commandment (which becomes the FIRST Commandment when dealing with Immigration Officials): Never ever ever ever lie to anyone, at anytime, anywhere, no matter who wants you to lie, how bad they want you to do it, or how reasonable an idea it seems. Lying will always, ALWAYS come back and bite you.

Edited January 22, 2010 by HeatDeath

[redleave 0]

My frend is a canadian, He visited the u.s. as a tourist for his girl friend, 2 months later after entered the u.s., he got married. Then file AOS for immigration. Then failed the interview because the interviewer required proof of inspection for the last time entered to u.s. from canada. He has no idea how to prove it. At the time he entered the u.s. border, his passport was scanned by the computer system but no stamp on his passport. The interviewer needs the supporting document such as entry stamp, or 1-94. (is there any tourist visa for candian to apply for before deciding to enter u.s. from canada?)

Please help!

[TBoneTX 45,288]

You've attached a new question to a 6-month-old thread. For answers, please repost your question separately, in a new thread.

[VanessaTony 3,567]

You've attached a new question to a 6-month-old thread. For answers, please repost your question separately, in a new thread.

Even worse, 18 month!