Moved to the states & can't legally work!

[S and P 9]

Go ahead, get married, file the I-485, I-130, EAD & Advance parole & do NOT leave the country. You should receive your work permission, with what you can get your SSN within 3 months. No need to go through the much longer CR-1 progress in Canada. Adjust here & get this done! Don't listen to a few people here, they are just angry with people who are totally legal to adjust here being with their loved ones & not being away from them. I adjusted from a tourist visa and it took me 2 months to get my GC from the date I send it away, my friend from Canada wasn't sure and did the CR-1 visa 1 year ago and is STILL waiting for her interview. I would waste that much time .... Intent is not a ground to deny AND hard to prove anyways when you had return tickets etc.

don't assume all advice to follow proper procedures equals anger ... the OP needs to be informed, and even though you managed to adjust status without issue... (I don't know your circumstances so I can't judge)... she may not be so lucky...

and the OP didn't state that she had return tickets... she just said she decided to move to Hawaii.... just typing that on an immigration forum could cause her problems... and she is not totally legal to adjust here if she came into the US with the intent to immigrate..

again.. my two cents...

[Little_My 464]

Independent of what people on these forums think of situations like the one in this thread, it is not the OPs responsibility to prove that she didn't have intent to immigrate at the time of entry. It would be USCIS' responsibility to show that there WAS intent. And, even in a case where USCIS could prove there was intent, intent alone cannot be used as basis for denial. There would have to be other negative factors against allowing the OP to become a permanent resident in the US to be able to live a joint life here with her USC husband. If there was suspicion of intent to immigrate to the US, CBP shouldn't have let her in the country.

I highly doubt they would have problems going through AOS. It is good to know the options, and the benefits and risks related to each scenario, but it's also good to stay grounded and realistic. I have never seen anyone denied for intent on these forums. Not saying it couldn't, or doesn't, happen - but it is pretty rare.

[pushbrk 13,123]

don't assume all advice to follow proper procedures equals anger ... the OP needs to be informed, and even though you managed to adjust status without issue... (I don't know your circumstances so I can't judge)... she may not be so lucky...

and the OP didn't state that she had return tickets... she just said she decided to move to Hawaii.... just typing that on an immigration forum could cause her problems... and she is not totally legal to adjust here if she came into the US with the intent to immigrate..

again.. my two cents...

And that's about what it's worth. Intent upon entry is not a valid issue of concern in the AOS case of a the spouse of a US Citizen. Intending to adjust here or even as it appears she simply intended to "move here" with no understanding of how that is properly accomplished, has no impact on whether it's "totally legal to adjust here". Unless she has disqualifying factors we don't know about, like past criminal records etc. once she marries a USC, she's "totally legal to adjust here".

[Que Saudade 284]

For those of you who wish to be "properly" informed, you can read here. Specifically, 23.5 Adjustment of Status under Section 245 of the INA, followed by INA: Act 212(a). The list can go on from there, but a good start.

Whether you emotionally disagree with Pshbark doesn't outweigh the legality of his statement. He is spot on.

Edited August 17, 2012 by Que Saudade

[AF-Wife 181]

For those of you who wish to be "properly" informed, you can read here. Specifically, 23.5 Adjustment of Status under Section 245 of the INA, followed by INA: Act 212(a). The list can go on from there, but a good start.

Whether you emotionally disagree with Pshbark doesn't outweigh the legality of his statement. He is spot on.

True words. OP, you got enough legal advice to make up your mind, what you wanna do. Good luck on your journey and keep us informed.

[Sandra G. 5,075]

If you entered more than 60 days ago and decided to get married "on the spur of the moment", then get married, submit I-485,I-130,G325A,I-864,I-693,I-765 and probably in three months you will get your work authorization.Do not live the Country until get your GC. You won't apply to receive CR1 but you will adjust your status. Good luck.

Edited August 17, 2012 by sandranj

[AF-Wife 181]

If you entered more than 60 days ago and decided to get married "on the spur of the moment", then get married, submit I-485,I-130,G325A,I-864,I-693,I-765 and probably in three months you will get your work authorization.Do not live the Country until get your GC. You won't apply to receive CR1 but you will adjust your status. Good luck.

That rule seems to be a lawyer myth and was outed here on VJ multiple times.

[pushbrk 13,123]

If you entered more than 60 days ago and decided to get married "on the spur of the moment", then get married, submit I-485,I-130,G325A,I-864,I-693,I-765 and probably in three months you will get your work authorization.Do not live the Country until get your GC. You won't apply to receive CR1 but you will adjust your status. Good luck.

It doesn't matter whether one enters more than 60 days ago or whether their decision was "on the spur of the moment". Those are both nothing more than "old wives tales".

[Robert&Karen 264]

I applied for a TN Visa 2 months ago, but got denied.

Why was the TN visa denied? Was it a reason where any other visa may be denied too?

Anyways, I decided to move to Hawaii to live with my boyfriend.

Move. You moved here. You are here illegally, you know. This is not a good start. I suppose you can tell folks you are visiting, no one knows except the Internet.

Problem - can't legally work, but I already knew that. However, being here for 2 weeks now, it's really starting to dawn on me what a barrier it is to NOT have a SSN. Long story short, my options are pretty limited. Probably didn't think this one through too well, but that's not the point of it all.

Not the point of your issue, but a point nonetheless. You NEED to start thinking things through. This is VERY SERIOUS. You are risking being BANNED from the USA.

We've talked about getting married in the next 30 days. If so, after that, I will file for....IR-1? Correct me if I am wrong. I would still be living in the states. Does this make it any easier for me to get work authorization once I'm married already to a US Citizen and living here? Can I work right away or I MUST wait till all paper work clears, like 10 months down the line?

I-130 as you are already here. But be ready to explain your moving here already, because that means you lied to the immigration officer. They can check the clearance he gave you when you entered the USA to move. Did you say you were a tourist? Great, you already have fraud under your belt.

I'm sure there is an answer in these forums, but I couldn't find anything specific for 20 minutes so please bear with me and reply if you have an answer!

It would behoove you to look up ALL the requirements to be here. Does your boyfriend make enough money to support both of you? Or was that not considered either? Because it will come up. You need to get the entire application and see what all has to be done. Finances, medical, background check, you name it, and get your ducks in a row.

I'm not trying to be harsh on you but I want you to be very aware about the lies you have already stated to the government, your intended fraud, and the actions you have taken which are not in your best interest. As you move forward from here, take the high road, do the right things, and be patient.

Edited August 17, 2012 by Robert&Karen

[S and P 9]

Sarah.... no offense to you with what I'm about to post... I don't know you... what your intentions are... you know in your heart and that is all that matters...I wish you well with your journey...

Okay.. so the intent to immigrate thing it seems won't be a hurdle... when we were going through the process of getting my now husband from canada here legally able to live and work...we were told all sorts of different.. but that's not my point... here is my point... and I'm looking for real answers here... not just "emotional responses"

The USCIS won't be suspicious of someone that applied for and was denied a TN visa.... but came to the US anyway... and is here two weeks and decides to get married, so that they can work in the US..... won't that be a huge red flag that will start a lot of questions from the USCIS?? I suppose it depends on the reason for the TN denial... and as long as they can prove a bonafide relationship.... yadda yadda... it would all work out ... but really.... would it not be something to worry about?? and a possible problem when adjusting status??

[S and P 9]

Why was the TN visa denied? Was it a reason where any other visa may be denied too?

Move. You moved here. You are here illegally, you know. This is not a good start. I suppose you can tell folks you are visiting, no one knows except the Internet.

Not the point of your issue, but a point nonetheless. You NEED to start thinking things through. This is VERY SERIOUS. You are risking being BANNED from the USA.

I-130 as you are already here. But be ready to explain your moving here already, because that means you lied to the immigration officer. They can check the clearance he gave you when you entered the USA to move. Did you say you were a tourist? Great, you already have fraud under your belt.

It would behoove you to look up ALL the requirements to be here. Does your boyfriend make enough money to support both of you? Or was that not considered either? Because it will come up. You need to get the entire application and see what all has to be done. Finances, medical, background check, you name it, and get your ducks in a row.

I'm not trying to be harsh on you but I want you to be very aware about the lies you have already stated to the government, your intended fraud, and the actions you have taken which are not in your best interest. As you move forward from here, take the high road, do the right things, and be patient.

I wish this post would have been here when I first read this thread and before I let my fingers do the walking..... lots of good questions and good insight.

[pushbrk 13,123]

I wish this post would have been here when I first read this thread and before I let my fingers do the walking..... lots of good questions and good insight.

She's in Hawaii, so it's not like she drove a truck across the border with her household good. She's here. She's fine. Leave her alone.

[S and P 9]

She's in Hawaii, so it's not like she drove a truck across the border with her household good. She's here. She's fine. Leave her alone.

True...I guess you do have a point there...

So the USCIS won't consider her recent TN denial a red flag??...

"Forewarned, forearmed; to be prepared is half the victory."

Miguel de Cervantes

Edited August 17, 2012 by S and P

[Sophinette 1]

Hello,

The fact that she entered the usa and applied for a work permit show that she try to stay in the usa. I will advise y to apply for the proper visa or the k1 or the spouse visa. It will be difficult to proof that it was not plan.

But if someone done it before with the same situation why not.

Good luck and let us know

Xso

[Que Saudade 284]

She's in Hawaii, so it's not like she drove a truck across the border with her household good. She's here. She's fine. Leave her alone.

enough said!!!