Canadian visiting the US wants to get married

[engineer21 51]

I did not come with an intent to marry. I was just visiting (I booked a return ticket too) so there's nothing illegal there.

You didn't do anything wrong, so it will be fine. They may ask and you just explain what happened. Then again, they may never ask. Every AOS interview experience is slightly different from what I've read here on VJ.

As far as the AOS process: from my understanding there is no exact timeline as to which one gets approved first.

Technically it should be the EAD (work permit) and AP (travel permit) first before the GC (green card)

But I've seen people get their GC first too.

[gc200 0]

I did not come with an intent to marry. I was just visiting (I booked a return ticket too) so there's nothing illegal there.

This is one way you can show that you didn't have intent to marry at the time of crossing border. You can tell them i had a return ticket when i was crossing initially. He popped the question and we have been communicating for so & so many months and thats it. I wanted to marry him.

I think you're in a great shape with "Return ticket". No worries about intent.

Wish you all the best.

[CanadianMarie 0]

Thanks everyone for the help so far! So do I apply for the I-130 and the AOS at the same time?

This is one way you can show that you didn't have intent to marry at the time of crossing border. You can tell them i had a return ticket when i was crossing initially. He popped the question and we have been communicating for so & so many months and thats it. I wanted to marry him.

I think you're in a great shape with "Return ticket". No worries about intent.

Wish you all the best.

[trailmix 77]

Thanks everyone for the help so far! So do I apply for the I-130 and the AOS at the same time?

Hi and welcome,

Yes, have a look at the guide (tab at the top of the page).

[trailmix 77]

I have no first hand knowledge about this. However, there have been many discussions on this site about "intent" with regards to an AOS based on marriage to a USC. There are quite a few people who insist that intent to remain DOES NOT come into play in these cases unless there are other negative factors, such as a criminal background, etc.

Where your timeline might be significant is in proving that the marriage is valid. Make sure you include as much evidence of a bona fide marriage as you can.

While intent to remain may not be something that is brought up at the interview - or never brought up (I do not know) - that's not the point. The point is telling someone to adjust status IF they did have intent (and therefore broke the law) - is wrong.

CanadianMarie - that's not directed at you btw.

[GabiandVi 34]

While intent to remain may not be something that is brought up at the interview - or never brought up (I do not know) - that's not the point. The point is telling someone to adjust status IF they did have intent (and therefore broke the law) - is wrong.

CanadianMarie - that's not directed at you btw.

I don't think that was ever a question in this thread, and I certainly never gave that advice. In fact, my initial response was if the op was already here, there was no problem, implying if they weren't already here, there would be a problem.

I just know from our experience, we were VERY hesitant to file AOS for fear that we would be suspected of intent even though that wasn't the case. How can you prove a negative. Looking objectively I could certainly see how it would look like that was what we were up to. I think a lot of people face that fear and I wanted to make sure that the op did not let that fear influence what she decided to do.

[Bobby+Umit 161]

Also - to clear the air.

"Intent" prior to coming to the US, cannot be used by itself to deny you AOS.

You would need a lot of adverse factors to make them deny it.

There is case law based on that very factor. In a nutshell, it went well for the person "intending" on coming here.

Most denials are based on "misrepresentation" or EWI. Overstay, intent, working without permission, all though adverse, are overlooked with marriage to an USC.

(Of course, if you are denied based on these factors, you would have the burden of getting a lawyer, going to court, etc... but the FAM/AFM cover them, so you roll the dice.)

[JimVaPhuong 4,863]

These points may be relevant to the OP or other people in a similar situation...

First, it is not illegal to come to the US and get married with a visitors visa or other non-immigrant entry. It isn't even illegal to intend to do so. What is illegal is using a non-immigrant visa or entry pass with the preconceived intent to immigrate. Someone planning well in advance to come to the US with a non-immigrant visa, get married, and then return to their home country would be violating no laws. Someone planning well in advance to come to the US with a non-immigrant visa and then REMAIN in the US is guilty of preconceived intent. This doesn't apply for visas where immigrant intent is allowed, such as dual purpose visas and K visas.

Having preconceived intent is not technically "forgiven". It is always a factor, and if determined to be true, it is considered a serious adverse factor. Being married to a US citizen is considered to be a strong positive factor. Preconceived intent alone is not enough of an adverse factor to overcome the positive factor of being married to a US citizen. This is established by the case law that Bobby mentioned. The risk is if you ever misrepresented your intent, either to the consular officer who issued the visa or the CBP officer who granted your entry. For example, if the CBP officer asked you point blank "Do you intend to get married in the US?" and you answered "No", and then USCIS discovers your spouse applied for the marriage license two weeks before your arrival, that could be construed as misrepresentation. That would be enough to deny the AOS and ban the alien from the US for life.

When people consider whether to apply for AOS after entering the US with a non-immigrant entry pass and getting married, the factors they should consider are:

1. Did I intend to do this when I entered the US? If the answer is yes, then don't do it.

2. Is there any evidence that might cause USCIS to conclude that I intended to do this? Even if you didn't have preconceived intent, USCIS can conclude you did if they find evidence to confirm it. You may or may not have a chance to defend yourself against the accusation.

3. Did I make any statements, written or verbal, to the consulate or CBP, specifically stating that I did not intend to immigrate? In the presence of evidence of preconceived intent, this would constitute a misrepresentation - an inadmissibility that carries a lifetime ban.

4. If my AOS is denied for misrepresentation, what are my chances of appealing the decision and proving my intentions were innocent? It depends on the conditions of your entry. VWP visitors, for example, waive their right to appeal, so the decision by USCIS cannot be reviewed or appealed.

[flustered 14]

It is actually illegal to enter the US with the intent of marrying and adjusting status without the correct Visa. Just so you know that if things went wrong, you are not entitled to appeal their decision. I am currently adjusting status myself from the Visa Waiver Program, however it wasn't planned. I was only supposed to be here for 2 weeks and have things to prove that if they ever decided to make an issue out of the 'intent' thing.

As for the forms you would have to file them all at the same time. I would advise you to seek legal advice before doing anything.

she doesn't need a visa she is Canadian she is allowed to stay for 180 days..I did the same thing she did I came here to get married no one ever asked me why I came just how I entered the US as a visitor student etc..I filed all my paperwork a week after we got married..I had no problems

[Used to be broken 147]

I did not come with an intent to marry. I was just visiting (I booked a return ticket too) so there's nothing illegal there.

I would think you might run into "intent" issues because even though you booked a return ticket you did not go back. What about your home/apartment job, personal effects back in your country? I would think it might be hard to convince there is no 'intent" when you abandoned your life back home and might be an issue that could trip you up going forward during an interview.

Like I have said many times on these forums, this type of case needs an attorney to help things through.

[Starburst 4]

Having a return ticket will be good proof that you did not intend to stay. Do you have any ties back home? (letters from family, landlord ect..) that you could gather to bring to an interview?

Just gather all the information needed, and you should be okay. Just make sure you aren't getting married right after arriving in the US or it'll look funny to them and they may question your intent.

Feel free to PM me anytime. I did it last year!

/starburst

I would think you might run into "intent" issues because even though you booked a return ticket you did not go back. What about your home/apartment job, personal effects back in your country? I would think it might be hard to convince there is no 'intent" when you abandoned your life back home and might be an issue that could trip you up going forward during an interview.

Like I have said many times on these forums, this type of case needs an attorney to help things through.

I had zero proof from Canada when I applied and they never questioned it at all. I had lost my job, and that's why I took the trip in the first place since I was between jobs. I didn't have tons of money in the bank and I lived at home.

An attorney is not needed for a simple adjustment. It's not as complicated as people make it seem. You just need to read the forms, figure out what applies to you and then turn in the proper evidence.