Clarifications about Intent

[trillium13 84]

At any rate, I think I get the picture now. Prove my marriage is bona fide.... Then try not to worry about the rest.

Edited May 5, 2010 by trillium13

[Brother Hesekiel 2,236]

You have to argue your case . . . .

No, she won't.

[Boiler 45,931]

You need to differentiate reality from what some people on this site think should be reality.

[Kittyfang 6]

You need to differentiate reality from what some people on this site think should be reality.

Well, it`s not like I base my system of belief of what "peoplez from teh interwebz" are telling me. But honestly, it does help listening to people's experiences, specially when they have been in the same kind of situation.

[juliava 80]

You need to differentiate reality from what some people on this site think should be reality.

That is sooo true!

Kitty, I was out of status as well when I filed for AOS. Was I worried about the whole process?Oh, hell yeah!Why?Because they had me wait 1 year to finalize it!

At the interview I chose to go without a lawyer, I was pretty confident that we can answer any question, we had nothing to hide. Yes, I was asked how did I get to US, what visa, also an unexpected question "did you try to change your status?" and I said "yes",showing my 2nd I-94 issued based on a 6 months tourist status that was appoved here in US after my J-1 visa expired. But he didn't dig into that, he just jumped to the next questions that were all marriage related and that's what most of the interview was about. My husband even gave him his business card to come to his restaurant!

You need to relax, stay away from those horror stories that were written here on VJ and don't think that whatever happened to some people it would happen to you too. Every case is different. Good luck!!!

[Kittyfang 6]

That is sooo true!

Kitty, I was out of status as well when I filed for AOS. Was I worried about the whole process?Oh, hell yeah!Why?Because they had me wait 1 year to finalize it!

At the interview I chose to go without a lawyer, I was pretty confident that we can answer any question, we had nothing to hide. Yes, I was asked how did I get to US, what visa, also an unexpected question "did you try to change your status?" and I said "yes",showing my 2nd I-94 issued based on a 6 months tourist status that was appoved here in US after my J-1 visa expired. But he didn't dig into that, he just jumped to the next questions that were all marriage related and that's what most of the interview was about. My husband even gave him his business card to come to his restaurant!

You need to relax, stay away from those horror stories that were written here on VJ and don't think that whatever happened to some people it would happen to you too. Every case is different. Good luck!!!

Hi Juliava!

I agree with you. Every case is different. I am hoping that ours will be pretty straight forward. We`ll see what happens I guess.

And now, I have to ask! What kind of restaurant does he own?!

[Bobby+Umit 161]

Your doomed....

(J/K)

Unless you have a lot of adverse factors going against you, you have nothing to worry about.

All though coming here with intent to immigrate (without the proper visa) is "adverse", that in itself is not enough to make it an issue. There is case law that backs this up - it will not be an issue.

Marriage to an USC "glosses" over a lot of things. Now if you pretended to be an USC, "game over"

No one here can 100% for sure say you will have no issues, but from what I have seen, your not going to have any issues.

(funny - these posts remind me of SASPKs posts.... He made it through, no issues. - I think I even said he "was doomed" too...

[Kittyfang 6]

Your doomed....

(J/K)

Unless you have a lot of adverse factors going against you, you have nothing to worry about.

All though coming here with intent to immigrate (without the proper visa) is "adverse", that in itself is not enough to make it an issue. There is case law that backs this up - it will not be an issue.

Marriage to an USC "glosses" over a lot of things. Now if you pretended to be an USC, "game over"

No one here can 100% for sure say you will have no issues, but from what I have seen, your not going to have any issues.

(funny - these posts remind me of SASPKs posts.... He made it through, no issues. - I think I even said he "was doomed" too...

I read a lot of SASPK`s post, for precisely the same reason. And, if I remember correctly, he had issues I don`t; regarding security checks I think.

At any reate, you`re right, I will have to wait an see, but the more I read other people`s experience, the more faith I have. I mean, I have seen people being in deep trouble and still get it.

[Boiler 45,931]

The horror stories on this site are more prophesied or hoped for that actual.

[sciencenerd 56]

I didn't read every reply to this, but just wanted to share my experience. My wife and I took a 3 month vacation in Europe as a graduation celebration and flew back into the states. She had no job in Canada, no house to return to (although she had a new house lined up), and had previously overstayed. On paper, that all looks pretty bad. In reality, it was not our intention for her to stay, but her housing fell through a few days after we got back and she had nowhere to go. Time went by and we got married and adjusted status (approved yesterday). She had already been here 3 years by the time we got married, so we didn't have that particular issue, but the issue of intent to immigration did not come up even once. The only question the officer had was if she had ever left the country since 2006 - she said no and we moved on. Granted, that's a luck of the draw thing, but through all of my stress and research, it seems like there is nothing to worry about if you did not have intent. Good luck - it will be fine.

[Kittyfang 6]

I didn't read every reply to this, but just wanted to share my experience. My wife and I took a 3 month vacation in Europe as a graduation celebration and flew back into the states. She had no job in Canada, no house to return to (although she had a new house lined up), and had previously overstayed. On paper, that all looks pretty bad. In reality, it was not our intention for her to stay, but her housing fell through a few days after we got back and she had nowhere to go. Time went by and we got married and adjusted status (approved yesterday). She had already been here 3 years by the time we got married, so we didn't have that particular issue, but the issue of intent to immigration did not come up even once. The only question the officer had was if she had ever left the country since 2006 - she said no and we moved on. Granted, that's a luck of the draw thing, but through all of my stress and research, it seems like there is nothing to worry about if you did not have intent. Good luck - it will be fine.

Congratulations on being approved!

And thank you for sharing your experience. The more I read about it, the more I am convinced that all they really care about is that your marriage is real and true.

[sasaqlain 24]

I read a lot of SASPK`s post, for precisely the same reason. And, if I remember correctly, he had issues I don`t; regarding security checks I think.

At any reate, you`re right, I will have to wait an see, but the more I read other people`s experience, the more faith I have. I mean, I have seen people being in deep trouble and still get it.

Aweeee!!!!! Somebody does read my posts!!!!! How Sweet. J/K. Bobby-Umit guided me with alot of my confusing questions and I am grateful for that. Some of the members here did indeed save me thousands in lawyers fees whom, I would otherwise have had to hire and pay . My case was surely a bit complicated one. Two major factors were red flags. My background checks from my homecountry and the fact that I got married soon after my arrival and that too on a B-2/B-1. But I was confident about my relationship and intent and decided to go without a lawyer. One thing I have come to know is that if you do hire a lawyer and take him with you to your interview, the IO's feel challanged and grill you more than usual just to kick some lawyer-butt. I remember your past posts kittyfang, when you were just collecting info for your case:) and going through what you have stated so far, you should sail through, unless you are one of those unlucky ones who get stuck either in background checks or get an IO who came to work after having an arguement with his/her spouse that day:) Good Luck and my prayers are with you.

Edited May 5, 2010 by saspk

[Kittyfang 6]

Aweeee!!!!! Somebody does read my posts!!!!! How Sweet. J/K. Bobby-Umit guided me with alot of my confusing questions and I am grateful for that. Some of the members here did indeed save me thousands in lawyers fees whom, I would otherwise have had to hire and pay .

I have to agree with this. VJ is filled with very helpful and knowledgeable people. We cannot afford an attorney, so many people here have been able to guide me as well.

My case was surely a bit complicated one. Two major factors were red flags. My background checks from my homecountry and the fact that I got married soon after my arrival and that too on a B-2/B-1. But I was confident about my relationship and intent and decided to go without a lawyer.

I have to admit that I have read a lot of your posts with great interest. I am really glad that you received your green card. Also, seeing that you were able to get it, even with all those red flags makes me feel more confident.

One thing I have come to know is that if you do hire a lawyer and take him with you to your interview, the IO's feel challanged and grill you more than usual just to kick some lawyer-butt. I remember your past posts kittyfang, when you were just collecting info for your case:) and going through what you have stated so far, you should sail through, unless you are one of those unlucky ones who get stuck either in background checks or get an IO who came to work after having an arguement with his/her spouse that day:) Good Luck and my prayers are with you.

Thank you very much! It`s only a matter of months now... I cannot wait!

[zenaxe 22]

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.

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.

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

Hopefully you fly through without any issues as many have pointed out !! We're all just trying to get to the same place lol

Good luck !!

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.

[john_and_marlene 162]

If the adjustment applicant is married to a USC, then the USCIS does NOT have the option of deciding whether to deny the adjustment based on prior intent. The BIA appeals court has already made the decision for them. An immediate family member of a USC CANNOT be denied adjustment because of prior intent, working without authorization, or overstay. They can deny an adjustment for other adverse factors, but not those 3. If you find a post suggesting that an immediate family member was grilled or even questioned relating to one of those 3 factors, then I suggest the poster is either a grossly misinformed third party, a liar, or just simply ignorant.