Clarifications about Intent

[Kittyfang 6]

First, a disclaimer. I am NOT trying to start a thing. I know how touchy we all are about this and if anyone if offended, please have this thread locked.

Now, I have been reading trough the forums a lot lately. I came across a post where the OP was afraid to be denied because he had come here on a visitor visa, had married a month after and filed for AoS.

Someone replied to this post saying that ultimately the IO will decide; that often, proof of a bona fide marriage can outweigh the doubts of intents.

For example, I came here a few days after losing my job. I had spoken with a family member and after visiting my (then) boyfriend in the U.S., I was going to move in with that family member, back in my home town, find a job and eventually a place of my own. Now, it`s not what happened. A one month visit turned into a marriage after 6 months and an AoS 2 years after that (we had some monetary issues).

What I wonder is this. Someone looking purely at dates will see that I came to the US a few days after losing my job. It looks suspicious (There was NO intent). However, I have affidavits from 2 people swearing up and down that I was planing on coming back (one is from the person I was going to move in with and the other is from another family member holding some possessions of mine). We have been married for 2 years and some. My name is on just about everything and once we get the EAD it will be on everything. We have pictures, affidavits, etc. Now, in this situation, which would win.

Many people have told me that the fact that we got married 6 months after, instead of right away and that we waited (not voluntarily) almost 2 years before filling will work in our favor and kinda erase any doubts of intent (as in, if I wanted a green card, I probably would have got married and filed sooner).

I guess what my question is What wins? Proof of bona fide marriage or doubts about intents?

And before I get yelled at. No, we had no intent we I came here. I came to visit a (then) boyfriend. We got married... and didn't jackpoop about immigration. That's it.

[payxibka 10,047]

What wins? The USCIS will decide. I believe based on the limited amount of info you shared, that you would have a better than average chance of success.

[EmVee 4]

When I came to visit my then boyfriend last year, I was between jobs. I had been offered and accepted a fulltime job with a company I'd been doing contract stuff for on and off, but the fulltime gig didn't start til January. That's actually what made me decide to come here for a couple of months, because once I had the two year contract I wouldn't have as much time to fly out and see my boyfriend. So I quit the part-time job I had and came here in September for three months.

Obviously I hadn't planned on staying, but I eventually had to explain to the company that I wasn't actually coming home to take the fulltime job. However, I didn't say any of that at interview. I wasn't asked, as such. He asked me if I was currently working and I said no, because I'm not allowed. (I didn't have the EAD) I said I had been before I came, and I would have been had I gone back. He didn't dwell on it, I didn't clarify anything. Perhaps because I'd already gone through all that at the POE back in September. Isn't it assumed you told the truth when you entered, which is why you were allowed proceed??

Either way, don't lie to them but you don't have to give them a huge explanation at the interview if they don't ask for it. But my experience was that we were obviously a legitimate couple so was very easy on us and barely asked any questions at all. Hopefully it will be a similar way with you.

[Kittyfang 6]

Thank you for sharing your experience!

Once you think about it, it makes sense. There is no better time to visit someone than when you have no responsibilities back home.

I can't remember what I was asked at the POE, but I don't think they asked me if I worked. Obviously, they didn't think I was lying (I wasn't), they let me trough.

Thank you again for your input.

[Alla 3]

I wouldn't worry on your place about intent. As long as you have affidavits. I think for immigration is more important proofs of marriage. It's quite hard to prove no intent. Try to gather as many documentation as possible and you will be fine. You are together for 2 years and I guess you know each other pretty well.

I saw here people who came to U.S. in january,got married in february and applied on february 2nd. This is quite suspicious. And even with proofs of non-intent doubts can rise. In your case I don't know you but your marriage seems real...may be I would be a bad IO...joking

Get ready your AOS package to mail and join us. I wish you good luck!!

[Kittyfang 6]

I wouldn't worry on your place about intent. As long as you have affidavits. I think for immigration is more important proofs of marriage. It's quite hard to prove no intent. Try to gather as many documentation as possible and you will be fine. You are together for 2 years and I guess you know each other pretty well.

I saw here people who came to U.S. in january,got married in february and applied on february 2nd. This is quite suspicious. And even with proofs of non-intent doubts can rise. In your case I don't know you but your marriage seems real...may be I would be a bad IO...joking

Get ready your AOS package to mail and join us. I wish you good luck!!

Thank you very much! I can't wait to mail it out! I know the stress is going to drive me nuts, but I have faith.

And I would make a bad IO as well. I'd be approving people left and right! lol

[Brother Hesekiel 2,236]

Kitty,

you need to get your brain under control. It tries to mess up your mental sanity, and that for such a long time now. You have no problem, there will be no issues. Write that down, 100 times, and read it out loud every morning after getting out of bed. You have no problem, nobody will give you a hard time. You will be fine. Now you'll be falling asleep and when you wake up you will feel fresh and revitalized.

Hope you're not driving.

[Kittyfang 6]

Kitty,

you need to get your brain under control. It tries to mess up your mental sanity, and that for such a long time now. You have no problem, there will be no issues. Write that down, 100 times, and read it out loud every morning after getting out of bed. You have no problem, nobody will give you a hard time. You will be fine. Now you'll be falling asleep and when you wake up you will feel fresh and revitalized.

Hope you're not driving.

Just bob, really, thank you for your kind words. I know you went trough this kind of thing and we've talked before. I agree with you. I think the more you let yourself think about Every. Little. Detail. That. Can. Go. Wrong... Then there's no way to get out of that vicious circle.

Thank you for bringing me back down to earth.

... I don't drive... yet.

[sasaqlain 24]

Just bob, really, thank you for your kind words. I know you went trough this kind of thing and we've talked before. I agree with you. I think the more you let yourself think about Every. Little. Detail. That. Can. Go. Wrong... Then there's no way to get out of that vicious circle.

Thank you for bringing me back down to earth.

... I don't drive... yet.

Kittyfang,

The senior members definitely have sound advice to give you, but I am simply sharing my experience. I came on a visit visa and got married the same day of my arrival. Although I had strong financial ties to my country, I had no formal job to declare during my POE interview or even during the AOS interview. Honestly, I feel, the IO didn't even care about my intent or time difference which many stress alot about over here. They went deeply into two things. Firstly, if I had a clean background check and secondly, whether my relationship was legit. The day I sent my wife's sonoscan to USCIS, they close my I-130 within the week with an approval. Once the background was cleared, they were done with my AOS. During my interview, the IO never once asked me about my intentions. But I have learnt through visajourney, other websites and through personal experience, that 75% of the times, its your luck that end up with a tight-A$$ IO who woke up on the wrong side of the bed that morning.

PS( I did enter with the intention of marrying, but never to adjust status. And I admitted it to the IO as well. I guess thats why he didn't press much on that issue.)

[Kittyfang 6]

Kittyfang,

The senior members definitely have sound advice to give you, but I am simply sharing my experience. I came on a visit visa and got married the same day of my arrival. Although I had strong financial ties to my country, I had no formal job to declare during my POE interview or even during the AOS interview. Honestly, I feel, the IO didn't even care about my intent or time difference which many stress alot about over here. They went deeply into two things. Firstly, if I had a clean background check and secondly, whether my relationship was legit. The day I sent my wife's sonoscan to USCIS, they close my I-130 within the week with an approval. Once the background was cleared, they were done with my AOS. During my interview, the IO never once asked me about my intentions. But I have learnt through visajourney, other websites and through personal experience, that 75% of the times, its your luck that end up with a tight-A$$ IO who woke up on the wrong side of the bed that morning.

PS( I did enter with the intention of marrying, but never to adjust status. And I admitted it to the IO as well. I guess thats why he didn't press much on that issue.)

Thank you for sharing your experience. I have seen many posts of yours and I have to admit that I do feel like if they can do it, so can I! I guess I will just have to load my file with enough evidence so that the IO`s mind if made even before he sees us!

[zenaxe 22]

First, a disclaimer. I am NOT trying to start a thing. I know how touchy we all are about this and if anyone if offended, please have this thread locked.

Now, I have been reading trough the forums a lot lately. I came across a post where the OP was afraid to be denied because he had come here on a visitor visa, had married a month after and filed for AoS.

Someone replied to this post saying that ultimately the IO will decide; that often, proof of a bona fide marriage can outweigh the doubts of intents.

For example, I came here a few days after losing my job. I had spoken with a family member and after visiting my (then) boyfriend in the U.S., I was going to move in with that family member, back in my home town, find a job and eventually a place of my own. Now, it`s not what happened. A one month visit turned into a marriage after 6 months and an AoS 2 years after that (we had some monetary issues).

What I wonder is this. Someone looking purely at dates will see that I came to the US a few days after losing my job. It looks suspicious (There was NO intent). However, I have affidavits from 2 people swearing up and down that I was planing on coming back (one is from the person I was going to move in with and the other is from another family member holding some possessions of mine). We have been married for 2 years and some. My name is on just about everything and once we get the EAD it will be on everything. We have pictures, affidavits, etc. Now, in this situation, which would win.

Many people have told me that the fact that we got married 6 months after, instead of right away and that we waited (not voluntarily) almost 2 years before filling will work in our favor and kinda erase any doubts of intent (as in, if I wanted a green card, I probably would have got married and filed sooner).

I guess what my question is What wins? Proof of bona fide marriage or doubts about intents?

And before I get yelled at. No, we had no intent we I came here. I came to visit a (then) boyfriend. We got married... and didn't jackpoop about immigration. That's it.

It's really going to depend on how they wish to view this. You are married now however and have been there so that is something for them to consider. However, despite you saying you had no intent and that you have people swearing you were going to leave the USA, you did not leave so those affidavits are essentially useless because the issue isn't what you weren't going to do, it's what actions you actually took that mean the most. You stayed in the USA as a 'visitor' and then didn't leave and got married instead. And you remained without status in the USA for two years until you filed to adjust status. The fact remains is that you were only legally allowed to remain in the USA for the max visitor timeframe and you didn't leave, instead marrying but not adjusting your status - that means you were in the USA without status and without proper authorization, or...illegal.

You have to argue your case and it may well turn out positive for you but you can't hide the fact that your timelines are going to be suspect and will have USCIS asking you questions. You may not had the intent to stay and later married, but the fact that you didn't adjust status can also be seen as a concern rather than as some speculative proof that you weren't seeking a green card. You mentioned it was an issue of finances or you would have.

I wish you good luck because it's probably going to be complicated - you need to convince officials that you staying in the country illegally and without authorization or documentation was the right thing to do. Being married isn't a good enough reason. Legal marriage and legal immigration are very different ducks.

Good luck and keep us posted Kittyfang.

[trillium13 84]

I know that you and I have talked about this Kitty, but I will tell you again.

I don't think you will even be asked. Can I be sure about this? Of course not. The fact is that many people have been in similar situations to you, myself included. My husband was here in the US on a VWP for quite some years before we even met. We were married shortly after we met. Was it his intention to stay when he came here? Absolutely not. Did he marry me to get a GC? Absolutely not.

What we had going for us was a good amount of bona fide marriage evidence (for a short marriage, anyway) and a good chemistry that was obvious at interview. We went over all of our forms and evidences about a million times it seemed. I really think they watch your interactions carefully at interview and can tell who is FOS and who isn't. It's what they get paid to do.

We were never ever asked about intent.

I know what it's like to worry, I literally worried myself sick just the way I know you're doing. All I can tell you is to try not to. It will be over soon, but the waiting can be torture, if you're a worrying kind.

If anyone knows about waiting and worrying, its saspk. He's a good egg.

[Nartaki 7]

I had asked about 4 immigration attorneys regarding this matter. 2 of them told me, preconceived intent is usually forgiven if the alien marries a US citizen. 2 of the others told me, it could be a problem IF they suspect that it is not a bonafide marriage.

I also came across that 30/60 day rule, but I have gone through all the forums on this site, immigration.com, ***removed*** and others and none of the AOS applicants were ever denied a GC for getting married within days of entry.

However if you did get married within days of entry, they might get suspicious and do a field investigation. This may delay your case (I think thats what happened to saspk).

And if your marriage was genuine and they find out that you guys live together, then I am sure it wont be a problem.

Edited May 5, 2010 by Nartaki

[Starburst 4]

Just popping in to say hi kitty!

I didn't have a job when I came to visit down here. It never came up at the interview

/starburst

[Kittyfang 6]

It's really going to depend on how they wish to view this. You are married now however and have been there so that is something for them to consider. However, despite you saying you had no intent and that you have people swearing you were going to leave the USA, you did not leave so those affidavits are essentially useless because the issue isn't what you weren't going to do, it's what actions you actually took that mean the most. You stayed in the USA as a 'visitor' and then didn't leave and got married instead. And you remained without status in the USA for two years until you filed to adjust status. The fact remains is that you were only legally allowed to remain in the USA for the max visitor timeframe and you didn't leave, instead marrying but not adjusting your status - that means you were in the USA without status and without proper authorization, or...illegal.

You have to argue your case and it may well turn out positive for you but you can't hide the fact that your timelines are going to be suspect and will have USCIS asking you questions. You may not had the intent to stay and later married, but the fact that you didn't adjust status can also be seen as a concern rather than as some speculative proof that you weren't seeking a green card. You mentioned it was an issue of finances or you would have.

I wish you good luck because it's probably going to be complicated - you need to convince officials that you staying in the country illegally and without authorization or documentation was the right thing to do. Being married isn't a good enough reason. Legal marriage and legal immigration are very different ducks.

Good luck and keep us posted Kittyfang.

Yeah, that is what I have been told when I came around VJ. However, from what everyone (in my situation) seems to be telling me is that what they're really worried about is that your marriage is bona fide (it is). So, I'm putting a bunch of evidence together.

I know that you and I have talked about this Kitty, but I will tell you again.

I don't think you will even be asked. Can I be sure about this? Of course not. The fact is that many people have been in similar situations to you, myself included. My husband was here in the US on a VWP for quite some years before we even met. We were married shortly after we met. Was it his intention to stay when he came here? Absolutely not. Did he marry me to get a GC? Absolutely not.

What we had going for us was a good amount of bona fide marriage evidence (for a short marriage, anyway) and a good chemistry that was obvious at interview. We went over all of our forms and evidences about a million times it seemed. I really think they watch your interactions carefully at interview and can tell who is FOS and who isn't. It's what they get paid to do.

We were never ever asked about intent.

I know what it's like to worry, I literally worried myself sick just the way I know you're doing. All I can tell you is to try not to. It will be over soon, but the waiting can be torture, if you're a worrying kind.

If anyone knows about waiting and worrying, its saspk. He's a good egg.

Trillium, thank you again for sharing your experience. We do worry a lot about this. I think we have faith, but the consequences are so bad that they make us doubt everything... You know, I think I'm doing to following Justbob's advice and, once my package is mailed, I'm going to take a few sleeping pills and spend the wait time in a sleep induced haze.

I had asked about 4 immigration attorneys regarding this matter. 2 of them told me, preconceived intent is usually forgiven if the alien marries a US citizen. 2 of the others told me, it could be a problem IF they suspect that it is not a bonafide marriage.

I also came across that 30/60 day rule, but I have gone through all the forums on this site, immigration.com, ***removed*** and others and none of the AOS applicants were ever denied a GC for getting married within days of entry.

However if you did get married within days of entry, they might get suspicious and do a field investigation. This may delay your case (I think thats what happened to saspk).

And if your marriage was genuine and they find out that you guys live together, then I am sure it wont be a problem.

Well, if all this is right, we should be fine and dandy... We got married 6 months after I arrived.

Just popping in to say hi kitty!

I didn't have a job when I came to visit down here. It never came up at the interview

/starburst

Hi Star! Thank you for dropping by for my weekly Freak out! I think I need to keep all of you people on a list, or just print out some quotes like "We were fine!" -Starburst "omg! quit freaking out!" -Just bob, etc.

At any rate, I think I get the picture now. Prove my marriage is bona fide.... Then worry about the rest.