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Posted
I have read that. I agree that using nonimmigrant means with intent to immigrate is illegal and that the USCIS wants to discourage it. I am just saying that it will not be a factor used to deny the adjustment. What you may find in this type of case where the adjustment was denied is a finding of material misrepresentation at the POE. If they lie at the POE regarding the purpose of their visit in order to gain entry, the misrepresentation can still be used to deny a subsequent adjustment application if the entry would normally have been denied had the truth been known. The lie can cause a denial where the intent would not.

We were posting at the same time. :D

I get where you're coming from now - and I actually think we are on the same page. I will still ask for the actual denial letter next time I see of such a case.

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Posted
That makes more sense to me than throwing around a bunch of case law, though I still tend to disagree that entering on the VWP when you know you intend to stay is an ok thing to do simply because you're marrying a USC. The only slight grey area I've seen on that lately is that you're unlikely to be questioned at all if you married/applied to adjust status within the 90 day period.

http://britishexpats.com/forum/showthread.php?t=651746

I will be sure to ask the next person denied adjustment on VWP (or otherwise) to scan and post the contents of the denial, as it will be curious to see what they're enforcing.

You don't have to disagree because I never said it was an ok thing to do--I totally disagree with breaking the law. Go back and read my original reply to you. I said that the intent would not be an issue for them at an adjustment interview--I never said it was an OK thing to do. Still, I'd rather not propogate misinformation regarding the details.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Posted
You don't have to disagree because I never said it was an ok thing to do--I totally disagree with breaking the law. Go back and read my original reply to you. I said that the intent would not be an issue for them at an adjustment interview--I never said it was an OK thing to do. Still, I'd rather not propogate misinformation regarding the details.

Your last post cleared it up for me - I admit I wasn't following what you were saying before that.

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Posted
Your last post cleared it up for me - I admit I wasn't following what you were saying before that.

Yeah, we are posting replies at the same time. I have to leave mine open for some time on occassion as I am also trying to work :blush:

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

 
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