Enter the US first then apply for change of status?

[prakriti 0]

Hi -

I want to bring my wife (Canadian citizen) to the US. Since I'm on a work permit and have been in Canada for years, the plan was to use direct consular filing for a CR-1. However, I just spoke to an immigration consultant who told me the following things:

- If we enter the US on the pretense of visiting, and then file for a change of status, she can get travel and work permits within 90 days. She can get a green card within 2 years.

- If we just file for a CR-1, it will take 2 years.

The second point seems directly at odds with all the information I have, which is that normally a CR-1 is taking about 250 days through the Vermont Processing Center right now and direct consular filing will be faster than that. The first point seems like something the US would frown on and could cause problems.

Can anyone comment on this?

Thanks

[Penny Lane 8,159]

If you travel to the US with the intent of getting married and changing your status, all while saying you are simply visiting, that is fraud. And could lead to quite a long ban from the United States.

[ryna 132]

Definitely.. The immigration "consultant" is suggesting something illegal which comes with severe consequences if discovered.

[Flames9_RN 358]

If you walk up to the POE (port of entry) and tell them that u plan to enter the USA and AOS (adjust of status) then u will be denied entry, if not face a ban! One can NOT enter the USA and have the INTENTION of staying. If out of the blue you stayed (had no intention) then thats fine! But its obvious above, you have the intention of staying! Of course its not us (forum) you have to make believe,lol

Since you have been legally in Canada (as a USA citizen) you can DCF (direct consualr file) at any of the USA consulates in Canada (ur interview, how ever would be In Montreal) DCF is usually a LOT faster than going the regular CR-1 (married less than 2 yrs)IR-1 (married for 2yrs or longer) route!

I dont think anyone going the regular route has taken them 2 yrs, 1 yr is probably more likely the average, but to be honest, I havent paid much attention. There is a Timeline post here in the CDn section, that people have posted thier cr-1/Ir-1 journey on, so u can get some sort of an idea!

And as well read the DOMICILE post at the top of the cdn forum, interesting stuff there for DCF'ers! As well in the DCF forum here on VJ, there is a few CDN threads!!

[prakriti 0]

If you travel to the US with the intent of getting married and changing your status, all while saying you are simply visiting, that is fraud. And could lead to quite a long ban from the United States.

Thanks for the reply. The consultant seems to do this on a very regular basis, and claims they haven't had any problems. I'm trying to figure out the likelihood of there being a problem.

[ryna 132]

I meant to add....

Are you planning on returning to the US soon to live or can you continue working in Canada for a while? Since you're resident in Canada, DCF is the way to go and, of course, you can stay with your wife while you wait out the process. It should be much shorter than 2 years. I'm no DCF expert, but doesn't it cut out the USCIS phase and take you directly to the embassy part of the process?

Either way, even with slim chances, I personally wouldn't want to risk a lifetime ban over a wait of a few months..

[Penny Lane 8,159]

Thanks for the reply. The consultant seems to do this on a very regular basis, and claims they haven't had any problems. I'm trying to figure out the likelihood of there being a problem.

I can't see how it's possibly worth the risk. Likely or not, it's illegal. It's immigration fraud. Waiting around a year to do things legally seems much easier than possibly facing a very, very long ban from the United States.

[Flames9_RN 358]

We visited a Immigration lawyer here in DC back in 2003. She said the same thing, just stay! Which i couldn't at the time as i was still in the CDN military. She said once you get out, then do it! Isnt that illegal??? she wouldn't give me a direct answer on that!!! so what does that tell ya! They (lawyers) do not care about you (ya some do,lol) If u get denied entry or banned, thats ur problem, not theirs!

If one does go the AOS way (which is fine if u had NO intent)BUT they find out you did have the intent, your pretty much hosed, one has fewer routes (appeals) to go, then ur really hooped!!

[Sweetcheeksss 91]

Either way, even with slim chances, I personally wouldn't want to risk a lifetime ban over a wait of a few months

Absolutely agree with this statement. Take it from someone who's been turned away at the border, even to visit - it SUCKS not being allowed into the US for a few months, I can't even begin to imagine how awful it'd be to have a lifetime ban.

[Anh map 2,098]

Thanks for the reply. The consultant seems to do this on a very regular basis, and claims they haven't had any problems. I'm trying to figure out the likelihood of there being a problem.

Just weigh the reality that the "consultant" does not face the consequences, your wife does.

[prakriti 0]

Thanks for all the replies. I would think that since we're already married, entering as visitors and then applying for adjustment of status for her would stink worse than a dead fish. Again, the consultant says they've never had any problems.

I'm leaning toward DCF. You guys are right, I may not have legal recourse against the consultant if we get hosed.

[Flames9_RN 358]

Of course the consultant has never had any problems,lol and if he did, he surely isn't going to tell you.

ALL you need to find to do DCF is here on VJ for free! We hired a lawyer to help us go the CR-1 route---as we had not found VJ!! She charged us $2500, plus we had to pay for filings! A lawyer in 99% of these cases is just an $$$$$$ proof reader!! that is it!! YOU have to go and get the required documents--such as the police background check, LONG form birth certificate, any divorce paperwork, etc etc! You can downlaod the required immigration forms for free from the internet! And we even had to fill in the paperwork for the most part, so we paid her $2500 to look over the paperwork,lol Id much rather spend that on a holiday, but thats just me. Quicker u start, theoretically, quicker you finsih,lol

[Udella&Wiz 325]

Within the Cdn forum you should be able to find many DCF or CR1/IR1 folks who can share experiences - Flames being one

It would seem that immirgation Lawyers/ consultants do not give the best advice - as noted by so many folks on VJ forums.

Go the fastest legal way and you'll undoubtedly be much happier - and legal - in the end

[HeatDeath 430]

Thanks for the reply. The consultant seems to do this on a very regular basis, and claims they haven't had any problems. I'm trying to figure out the likelihood of there being a problem.

The likelihood of there being a problem is, honestly, very low. The consequences of there being a problem are very severe.

Risk is defined as Probability x Consequences. Tiny probabilities x Large consequences = moderate risk.

Moderate risks should be avoided if it is reasonable to do so. And it is here. Doing this properly carries almost zero risk. Taking a moderate risk to save a few months isn't rational, and therefore should not be done.

[Darnell 8,479]

Thanks for the reply. The consultant seems to do this on a very regular basis, and claims they haven't had any problems. I'm trying to figure out the likelihood of there being a problem.

Suggest you call around, get the input of 5 other 'consultant' companies, then review yer copious notes for 'who said what'.

Good Luck !

(highly recommend DCF, now, in lieu of anything else)