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Filed: AOS (apr) Country: Ireland
Timeline
Posted

So I came to the US via ESTA to stay with my fiance for 3 months. During the 2nd month, we decided that as it was a certainty that this was going to happen anyway, we got married.

I now have less than a month remaining and she doesn't want me to leave. Is it possible to file for AOS and remain in the US at this address?

Filed: AOS (apr) Country: Ireland
Timeline
Posted

Yes it is possible but the burden is on you to prove that you did not come to the United States with the intend to marrie, that would be illegall.

Else you need to applie for the CR-1 Visa for a Foreign Spouse, http://www.visajourney.com/content/i130guide1

Good Luck

Thank you.

How does one prove such a thing?

Posted

Intent alone is not used to deny. Were you questioned on your intentions when arriving?

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Thank you.

How does one prove such a thing?

You don't. There is no question of intent at the interview.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

*** moving from AOS from Family to AOS from Tourist visa forum ****

Did they just let her in when she came or were questions asked at the border? If they just let her in, you will probably be ok as you had no intent. It would be good if she could bring proof of ties to her home country to the interview (letter from boss stating she was expected back, lease to home, bills etc)

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: AOS (apr) Country: Ireland
Timeline
Posted

I was brought off to the side room while going through Passport Control because I had been truthful and said "I'm visiting my fiance."

They questioned me as to what my intentions were and I said that I intend to visit, I WILL be returning at the end of my visa and I showed knowledge of the K-1 visa which at least showed that I had been researching the process and also showed that I knew about the 90 day limit of the VWP which the officer had forgotten about during his questioning (He commented, "That's good, that's good" when I mentioned it.)

Thi in all honesty was never a planned thing, but right now, I don't know if I can handle leaving, but at the same time, the thought of it all going wrong is terrifying.

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

Thank you.

How does one prove such a thing?

You don't.

Don't worry about it - I would do what penguin suggested and have some ties from home to show just in case it is asked...

Intent is forvgiven for he spouse of a US citizen and as such never or at least rarely is brought up at the interview.

The burden is actually on CBP to inspect you at the border and find out your intent. If they inspected you and believed your intent was to immigrate, they would likely not have allowed you to enter. If you cleared CBP than you are fine. Now if you lied to them at the border and they proved you were lying, that would be an issue. One of he reasons it is forgiven and not an issue is because Intent is very sticky to prove.

You may tell the CBP that you are not planning to immigrate and two months later change your mind. Did you lie to the officer? No.

Anyways...i am sure you will be fine.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Posted

Erm.. isn't there a possible risk of material misrepresentation here..? If he was pulled to secondary and asked specifically about his intentions, and he specifically said he was not intending to marry and AOS while here, and this is all in written record.. I see a possible issue here..

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

He changed his mind...Issue resolved. ;)

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Posted

Circumstances change. That's one of the reasons that the whole AoS process exists in the first place.

Things that were true on day X may be different on day X + 20.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Citizen (apr) Country: Australia
Timeline
Posted

OK thank you all for your help. It has been invaluable. We're going to try this route.

I agree with Little_My. They have on record that you weren't going to stay and marry and AOS and I would worry this will come back to bite you. I personally would NOT risk it. Either get married and return to file a CR-1, or return and file the K1. As you entered on the VWP you have no chance at appeal.

He changed his mind...Issue resolved. ;)

He was specifically warned against it. I wouldn't risk it. Denial and deportation is a big risk to take :S If he wasn't questioned it wouldn't be ask big a risk.

Posted (edited)

i cant add to previous posts regarding intent, very valid concerns brought up given secondary screening you received.

two notes to consider if you do decide to file:

1.) you shall NOT leave the country until you receive Advance Parole.

Given experience of people being processed currently, 2 months from date of application receipt.

You will need a lot of documentation to prove a bona fide marriage, some of the documents may be in your home country.

so might take a while until you are able to file.

--> do you have obligations outside the US within the next ~3 months?

2.) does your spouse fulfil poverty limit requirements? if not, do you have someone that could sponsor you instead?

/EDIT also, for future reference, you came here under the VWP - Visa Waiver Program (presumably?)

ESTA is a security program. It is linked to the VWP but there is no such thing as an ESTA Visa.

Edited by Mike Z

21/2 - received NOA in mail for all 4 (130/485/765/131)

23/3 - biometrics scheduled -> did "early" walk-in on 21 March

06/4 - received email update, interview scheduled for 7th May

27/4 - received EAD

08/5 - email: approval one day after interview (7th May)

 
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