Am I just being paranoid?

[Jlet 0]

We sent out our AOS packet today and now I am worried after reading posts here on visa journey. Am I just being paranoid?

My husband came here in Sept under the VWP. We got married 12 days later. We filed an I-130 ( which in it we indicated that he would be interviewed in Amsterdam). My husband has been going back and forth with his University in the Netherlands fighting to continue his education as he failed some tests back in June and they wanted to kick him out. He has fought the schools exam board to the point of a hearing (though when they finally gave him a date we could not attend it as he was here and some medical issues came up with my daughter that caused him not to be able to leave). We are still awaiting the results of the hearing, however he is allowed to take his tests in Dec to at least finish this semester and get credit for it.

He ALWAYS intended to return home and finish this semester out. Then my daughter's medical situation got worse and it had us second guessing him going home for months. I filed a expedite request 3 weeks ago but was told it could take up to a month even with a medical emergency. His VWP stamp expires 12/14/2012 and I couldn't risk us not getting an expedite and him returning home with my daughter so close to surgery among other things.

So we filed an AOS packet. In it we showed proof of his intent to return (plane ticket, letters back and forth between him and University). I also wrote a personal letter explaining my daughter's situation with some basic supporting documents (one of which was a confirmation of a social security disability hearing and medical records showing her problems).

In your opinion do you think this is enough or should I have sent more? I know that if his AOS is denied under visa fraud there is no appeal (or so I've heard) but we never had an intent to stay and we tried very hard to prove that in our AOS packet. Him returning home in NOT an option with the situation my daughter is in right now. I'm just scared he will be denied b/c he came under the VWP and married me.

If he is denied do we know right away....like we dont get an NOA1? or is it not until later that they tell us?

I dont know if I am worried for no reason at all b/c we have such a strong case that there was no intent to stay or if I should be worried b/c these type of cases tend to get denied for visa fraud no matter how much proof.

Any info would be helpful.

Thanks

[Harpa Timsah 13,258]

You are being paranoid. Your circumstances clearly changed. Intent, by itself, is not enough to deny an AOS from a spouse of a USC anyway. If you have a real marriage, you will be approved.

[VanessaTony 3,567]

Assumed intent isn't enough, knowledge/evidence of intent is... per Matter of Cavazos (page 1): http://www.justice.gov/eoir/vll/intdec/vol17/2750.pdf

Notwithstanding evidence establishing preconceived intent, an application for adjustment of status should as a general rule should be granted in the exercise of discretion in the case of an immediate relative...

OP - I wouldn't be worried. Your circumstances obviously changed. They don't tend to ask about intent anyway.

Edited November 24, 2012 by Vanessa&Tony

[Harpa Timsah 13,258]

Vanessa, you are wrong on this. You are misinterpreting the case.... Say a person didn't know it was not the way things are done (it happens) and they were asked and they said "Yes, of course I came here to immigrate!" They would not deny the case for this.

[AnotherLostSoul 167]

I beg to differ a bit from the previous to posters...I feel that actually, in USCIS eye, him entering and getting married after only 12 days he arrived is clearly an "intent to immigrate". If he didn't have that intention, he would not gotten married to you 12 days after he came (if I understand your post right). 12 days is not even two weeks....even if you guys knew each other for a long time, just getting here and within 12 days getting married is pretty much a clear intent to stay here. And I believe that your daughter's medical emergency is not strong enough either. First of all, he is at the edge of flunking his won college back at home and all of a sudden he decides to stay ONLY because of your daughter's medical issues, when he was already begging half of his college professors and director's to allow him to re-take the test instead of getting straight kicked-out. All these together just does not sound right..but again, this is just my opinion, either USCIS will be way softer, or harder...Good luck!

[Penguin_ie 5,993]

I beg to differ a bit from the previous to posters...I feel that actually, in USCIS eye, him entering and getting married after only 12 days he arrived is clearly an "intent to immigrate".

No, getting married 12 days after entering the USA shows intent to get married (which is not illegal). The intent to stay came AFTER the entry to the USA and the wedding, so Op and husband should be fine.

[AnotherLostSoul 167]

So I have a question....there is another poster who is a girl at 18 years of age who is trying to help her husband to AOS who came here on a VWP...somebody wrote there that one cannot adjust from VWP within the US...is that correct? Why here no one mentions it then? Can you guys please clarify this at the other thread too? She is a bit confused on this...and I have absolutely no idea. Also, Penguin, just wondering, if he entered and got married 12 days after he came, and now trying to do AOS, isn't that an indication that he crossed the border and got married that quick just so can file AOS and hence, immigrate? Just wondering...thanks!

[Tanja08 11]

So I have a question....there is another poster who is a girl at 18 years of age who is trying to help her husband to AOS who came here on a VWP...somebody wrote there that one cannot adjust from VWP within the US...is that correct? Why here no one mentions it then? Can you guys please clarify this at the other thread too? She is a bit confused on this...and I have absolutely no idea. Also, Penguin, just wondering, if he entered and got married 12 days after he came, and now trying to do AOS, isn't that an indication that he crossed the border and got married that quick just so can file AOS and hence, immigrate? Just wondering...thanks!

You CAN adjust from vwp!!! Can, can, can!!!! People do it all the time! Lol

[Sandra G. 5,048]

The USCIS has adopted the 30/60/90 day rule (Dept. of State’s Foreign Affairs Manual -9 FAM 40.63 n4) , read pages 08 and 09.

http://www.state.gov/documents/organization/87011.pdf

9 FAM 40.63 N4.7-1 Applying 30/60 Day Rule When Alien Violates Status

(CT:VISA-1385; 12-11-2009)

You should apply the 30/60-day rule if an alien states on his or her application for a B-2 visa, or informs an immigration officer at the port of entry (POE), that the purpose of his or her visit is tourism, or to visit relatives, etc., and then violates such status by:

(1) Actively seeking unauthorized employment and, subsequently, becomes engaged in such employment;

(2) Enrolling in a program of academic study without the benefit of the appropriate change of status;

(3) Marrying and taking up permanent residence; or

(4) Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

Edited November 24, 2012 by sandranj

[pieroot 43]

You CAN adjust from vwp!!! Can, can, can!!!! People do it all the time! Lol

I believe it's possible as well to adjust from VWP, but you take the risk that they will deny and of incurring a ban or deportation. It's just that for people who do the correct way, there is a separation time and waiting time, but hopefully greater chances of getting approved. I'm still waiting for my K1 to be approved.

[VanessaTony 3,567]

Vanessa, you are wrong on this. You are misinterpreting the case.... Say a person didn't know it was not the way things are done (it happens) and they were asked and they said "Yes, of course I came here to immigrate!" They would not deny the case for this.

You are wrong but I'm not going to argue with you about it. People can interpret the information I provided how they like (as well as doing their own research). The OP did not have intent, it's not a problem for them, and intent is not questioned (in most cases). But again, if they have proof of intent it is enough to deny, assumption is not enough.

I find it extremely irresponsible of you to say if someone admitted they had intent they would be fine. Admitting immigration fraud is never good. Ignorance of the law is NEVER an excuse, if you knew anything about law you would know that.

The USCIS has adopted the 30/60/90 day rule (Dept. of State’s Foreign Affairs Manual -9 FAM 40.63 n4) , read pages 08 and 09.

http://www.state.gov/documents/organization/87011.pdf

9 FAM 40.63 N4.7-1 Applying 30/60 Day Rule When Alien Violates Status

(CT:VISA-1385; 12-11-2009)

You should apply the 30/60-day rule if an alien states on his or her application for a B-2 visa, or informs an immigration officer at the port of entry (POE), that the purpose of his or her visit is tourism, or to visit relatives, etc., and then violates such status by:

(1) Actively seeking unauthorized employment and, subsequently, becomes engaged in such employment;

(2) Enrolling in a program of academic study without the benefit of the appropriate change of status;

(3) Marrying and taking up permanent residence; or

(4) Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

Immediate relatives are exempt from the 30/60/90 day rule. See here: http://www.hooyou.com/familybased/exceptions.html

[Penguin_ie 5,993]

So I have a question....there is another poster who is a girl at 18 years of age who is trying to help her husband to AOS who came here on a VWP...somebody wrote there that one cannot adjust from VWP within the US...is that correct? Why here no one mentions it then? Can you guys please clarify this at the other thread too? She is a bit confused on this...and I have absolutely no idea. Also, Penguin, just wondering, if he entered and got married 12 days after he came, and now trying to do AOS, isn't that an indication that he crossed the border and got married that quick just so can file AOS and hence, immigrate? Just wondering...thanks!

You CAN adjust status from the VWP. If denied, you cannot appeal, but this case (in this thread, I do not known the other one) is very clear- the OP can show that two very big events happened AFTER the husband entered and they got married. Ie a beloved child got sick, and his plans to attend university abroad (a main tie to the home country) failed. I am sure it will be easy for them to bring documentation of both these events (letters from doctor, denial email/ letter from university), and that the timing was that they happened AFTER the wedding.

[Jlet 0]

My husband never had an intent to stay as I stated. Yes he came here to marry me under the VWP which we checked to make sure was legal first. He was to be here for 88 days, then return for finals (this semester of school was never in question, its him taking an extra year to finish that is in question). He has been following courses via online and had plan to return for his first test the week before christmas.

We married and filed an I-130 right away. In it we stated he was returning to adjust at Amsterdam's consulate which was our intent all along. For him to be here 88 days, go home while we waited out the NVC and his interview. That was the plan all along. Then things with my daughter got bad. I have no one else here to help me and I have 3 kids. My husband is the ONLY support I have. I called USCIS to expedite the case under medical emergency (which I was told when given the rep the FULL detail of my daughter that we should qualify). I was told to call back in 1 week to check status. I did and was told they are back logged with expedites right now and it could take up to 30 days. At that point it was the 2nd level USCIS rep who said to me "You know Ms. reading through this and you telling me about your daughter, well I don't see why you dont attempt to adjust status here." I said "isn't that visa fraud and not allowed?" she said "well we don't go telling everyone to do it but looking at your case personally and hearing what is going on with your daughter, in your personal circumstance you should be fine to adjust here. However I'd submit any proof you have along with the packet".

Now I have heard that USCIS reps have given false info before but it was a level 2 rep and when I called again Tues I asked a different women the same thing and she said "yes, he can adjust here, you do qualify"

Now "qualifying" is one thing and I know that doesnt mean our case wont be turned down. There are dozens or emails with my husbands school, his family, my family, plenty of witnesses to the fact that he always intended to return in Dec. I hope and pray it is enough. My daughters case is by no means weak. We are struggling to deal with her disabilities everyday and doing it on my own is near impossible. All I can do is pray that whom ever views our case see the genuine intent to return and that it wasnt until Nov. that things changed with my daughter and us scrambling to figure something out.

[Jlet 0]

You CAN adjust status from the VWP. If denied, you cannot appeal, but this case (in this thread, I do not known the other one) is very clear- the OP can show that two very big events happened AFTER the husband entered and they got married. Ie a beloved child got sick, and his plans to attend university abroad (a main tie to the home country) failed. I am sure it will be easy for them to bring documentation of both these events (letters from doctor, denial email/ letter from university), and that the timing was that they happened AFTER the wedding.

Yes exactly. We got married, everything was happy and great, we prepared for him to leave....then all the bricks fell on our heads. Everything I have is dated Nov 1st or later and as I stated I have a lot of documents showing what happened. We will have even more supporting evidence once my daughter finishes with the specialist and even that is before he was suppose to go home.

[VanessaTony 3,567]

All I can do is pray that whom ever views our case see the genuine intent to return and that it wasnt until Nov. that things changed with my daughter and us scrambling to figure something out.

Intent isn't questioned. I have no doubt that you will NOT be rejected for presumption of intent. that's just not how it works. As long as you have evidence of your relationship that's all that matters, not intent (that would only matter if he admitted it or they had proof of it... such as an email while he was overseas saying something like "can't wait to get there and AOS").

Again, don't stress about intent. It is not a factor that is assessed. There are many many posts about this. People who didn't have evidence to prove their lack of intent weren't even asked about it in the interview. They just send their stuff like everyone else, had their interview and there you go.