Jump to content

22 posts in this topic

Recommended Posts

Filed: Country: Canada
Timeline
Posted

You CAN marry her while she's here on a tourist visa but the tricky part with attempting AOS is convincing the interviewer is that she didn't come here on a tourist visa with the INTENT to stay.

Your best bet if you've decided to get married is to have the ceremony and have her return home to Russia, then file the CR-1.

Good luck,

Alan

There was a discussion about this in the AoS forum a while ago. In this situation, the USC and his lady friend did not know each other prior to her visiting, so it makes it easier. But let say they did know each other and she came just to visit him. When she get to the PoE, the officer asked her why she came, she said "I'm visiting my boyfriend" and the officer let her trough.

Now, I know some people can tell me if I'm wrong, but in this imaginary situation the USCIS will follow the officer's thinking. If the officer let her trough, he didn't see any intent on her part, so why would USCIS see any? Again, I may be wrong, but this is just what I've read around here. Someone had also posted a link to some Legal literature saying that USCIS cannot even use intent as a ground for denial... but it's been a long time and I don't think I could find the article or the person who posted it.

Be nice when you rebuke me. :)

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

Posted

You are asking for good advice. Fair enough. I ask you: HOW long do you know this woman, the woman you consider to marry? A few days? A few weeks?

Wouldn't you agree that it might make a lot of sense if you got to know somebody from a different continent and a different society a tiny bit better before you pledge to spend the rest of your life and money with her and jump into the cold water of a long, expensive, and painful immigration procedure?

It can't help but feeling a bit weird about such a hasty decision. Getting married is not like buying a new car which, if you find out it's not as good as you thought, just sell again or trade in for another one. Why don't you have her visit you again, or you visit her first and experience life in Russia with her, at least for a week or so?

I know you are making an important point but your comments do come across as patronizing and judgemental...fyi :yes:

2007 Nov 30: Met in Las Vegas, Nevada

2009 Jul 13: Proposed/Engaged in Sedona, Arizona

2009 Dec 26: Married in Tucson, Arizona

USCIS

2009 Dec 30: Filed I-130

2010 Jan 02: I-130 delivered

2010 Jan 07: NOA1 - email - CSC

2010 Jan 11: Received NOA1 hardcopy

2010 Mar 24: NOA2 - email & text - NVC

2010 Mar 29: Received NOA2 hardcopy

I-130 was approved in 76 days from NOA1 date

NVC

2010 Mar 30: NVC received - case# assigned - emails given to NVC

2010 Mar 30: Opted in - DS3032 emailed to NVC

2010 Mar 31: Received AOS bill & DS3032 - paid AOS

2010 Apr 05: Online payment portal confirms paid AOS(Apr 2 processing date)

2010 Apr 05: Sent I-864 package

2010 Apr 15: EP confirmation email

2010 Apr 15: IV bill generated & paid

2010 Apr 15: Email confirmation - receipt of DS3032

2010 Apr 16: IV bill confirmed paid - sent DS230 package

2010 Apr 19: NVC operator confirms I864 & DS230 documents have been received

2010 Apr 21: AVR confirms all documents received Apr 19th

2010 Apr 23: Email from NVC: case complete - confirmed by NVC - sign in fail

Completed in 24 days

CONSULATE

2010 May 27: Email from NVC - consulate received file - interview Montreal Jul 27th

2010 Jun 16: Medical @ Woking Medical Centre, Vancouver, Canada - APPROVED

2010 Jul 27: Interview @ US Consulate in Montreal, Canada - APPROVED

Your interview took 201 days from your I-130 NOA1 date

2010 Aug 13:POE Washington - APPROVED

REMOVAL OF CONDITIONS

2012 May 14 - mailed I-751

2012 May 16 - delivered @ CSC

2012 Jun 18 - I 551 stamp

2012 Jun 28 - biometrics appointment NOA notice date Jun 7

2012 Dec 20 - approved

Filed: Country: China
Timeline
Posted

let's give the guy some real help.

intent to immigrate is sometimes inferred on AOS attempt if the girl had no ties to russia when she left. (it would be good if she had an open job, apartment, or other assets in russia when she came here)

it is sometimes inferred if she married within 30-60 days of entry. (it is better to wait 90 days+)

it is sometimes inferred if she had an introduction by a friend or family member that had status in USA to another friend or family member with status in USA (this one is against you).

it is sometimes inferred if she would have no legitimate attraction to the USC she is adjusting on (significant age, educational, economic, or other background issues)

it is soemtimes inferred if the partners have little kowledge of each other, including family, etc.

it is sometimes inferred if there is little evidence of comingling of assets to demonstrate by interview time (quicky marriages leave time for little more than a shared bank account, and perhaps medical insurance)

it is sometimes inferred if there is no evidence of cohabitation.

it is sometimes inferred if there is no evidence of a formal wedding ceremony.

it is soemtimes inferred if there is a history of past marriages or K1 applications involving foreigners that involved immigration interest.

____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

Many advices here, some good and some bad. Just wait for The Mox to stop by and tell you what to do. :star:

The Mox doesn't like the upper forums :)

Also, everyone is suggesting CR-1.... If OP wants, they can NOT marry and file K-1 if they so desire.

CR-1 is not the only way. It's up to them to decide which way they wanna go.

Also, the girl didn't have intent to immigrate, so they can marry and adjust.... theoretically...

Слава Україні!

--------------------
Full Timeline

chimpanzee.jpg

Posted

As stated earlier, yes it is possible for you to file for AOS, however you will need tremendous evidence of a bonafide marriage to convince USCIS that this is not a sham marriage. The question of "intent" will not arise here since your Russian lady friend did not know you when she arrived in the US and even if she did, she had no plans to marry you and adjust status when she was inspected by the IO during her arrival. I entered this country on a F1 and even though I had a GF who was a USC, we were not sure if and when we were going to get married, but we did get married later on.

She subsequently met you and you guys fell in love and decided to get married. This happens all the time. The onus however is on you to prove this is a bonafide marriage. If you feel that you may not be able to present this evidence, I would recommend the K1 or the CR-1 route.

04/02/2010: AOS I-130, I-485 and I-765 mailed by UPS 2nd Day Air

04/06/2010: Delivered, Signed by Chiba (Day 1)

04/13/2010: Checks cashed, NOAs received via email and text (Day 7)

04/19/2010: Hard NOAs for I-130, I-485 and I-765 received (Day 13)

04/23/2010: Biometrics Appointment received (Day 17)

05/04/2010: RFE for I-864 received (Day 28)

05/06/2010: RFE for I-864 mailed back (Day 30)

05/12/2010: Case processing resumed (Day 36)

05/14/2010: Biometrics Appointment, I-485 and I-765 touched (Day 38)

05/17/2010: I-485 and I-765 touched (Day 41)

06/08/2010: EAD card production ordered (Day 63)

06/19/2010: EAD card received (Day 74)

07/02/2010: Interview letter received (Day 87)

08/04/2010: Interview (Day 120)==> Approved!!. Card Production Ordered text received

08/21/2010: Greencard received (Day 137)

Eligible for ROC: 05/04/2012

Eligible for Naturalization: 08/04/2013

Filed: Citizen (apr) Country: Moldova
Timeline
Posted

its possible...

good luck to you guys..

GOD is Good,GOD is Great,GOD is Awesome!

*K1*(process time 7months & 13days)*

12.11.2007 -Filed I-129F

07.24.2008 -VISA interview. APPROVED!!!

*AOS*(process time 7months & 5days)*

11.26.2008 -Filed AOS,EAD,AP

02.09.2009- AP Received

03.20.2009-EAD Received

07.09.2009-2Year Green Card Received

*ROC*(process time 3months & 18days)*

04.04.2011-Filed ROC(I-751)

07.28.2011-10 Year GC Received

*NATURALIZATION*(process time 4months & 27days)*

04/02/2014- Filed N-400

07/08/14-Interview (Recommended for Approval)

08/29/2014-Oath Ceremony

as1cCDkFg000010OXNsenwxNjA0emx8V2UgaGF2Z

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...