Am I just being paranoid?

[JimVaPhuong 4,863]

Thanks for the links The first one just takes me to a DOJ index, and I am too sleepy and lazy to read through all the volumes contained there. What Jim said in the last two was the general consensus in 2010 around here, but we believe that may have been in error. All I am looking for is actual cases where someone got denied because they had intent. I haven't seen any on here, and there are a lot of people who come through this site. I would think that, in the 3 years I have been a member, I would have seen someone say "Hey, my AOS was denied because they said I had preconceived intent. How can I overcome this?".

You are right, this is a separate topic. However, we have this discussion around here every couple of months on someone's thread, it seems. It is relatively pointless now, because all we do is fight about it, with no resolution.

2010 was when some field offices were denying VWP overstays as a matter of policy. The director of USCIS basically told them to stop doing that and just adjudicate VWP overstays like they would anyone else. I mentioned (and linked to) an article in the AILA Slip Opinion Blog by attorney Stephan Manning in that other thread where Mr. Manning mentioned that there seemed to be a contradiction in the way that VWP applicants were handled compared to other applicants in that some VWP applicants were denied for preconceived intent where any other non-immigrant would not have been denied because of the BIA precedent decisions (Battista, for example).

If I recall, we saw some VWP overstays on VJ who were denied in some of the field offices that were routinely denying them back then. Like you, I don't recall any of them specifically being told they were denied for preconceived intent. Although Mr. Manning said he saw VWP cases denied for that reason in 2010, I don't know if he's still sees cases denied for the same reason. I suspect he doesn't.

An IO who follows the AFM isn't going to deny solely for preconceived intent, even if the applicant entered using the VWP. They also aren't going to say that an overstay and preconceived intent combine to form sufficient negative factors to deny. INA 245 states that the overstay isn't relevant for an immediate relative of a US citizen. However, I think the best advice for anyone applying for adjustment of status after a VWP entry is to make sure that their case is as squeaky clean as they can make it, and don't presume they will be treated the same as someone who entered with a non-immigrant visa. The reason is because they've waived their right to appeal any decision, and you have no idea if the IO they give your case to is going to strictly follow the AFM. The fact is that there's nothing you can do about it if they don't because you can't appeal. This means if you've got something you think might make them look at you sideways, even if you know it's not supposed to result in an automatic denial, it wouldn't hurt to address it with the application.

[Jlet 0]

Anyway, to the OP. It is obvious you did not have intent anyway, and in fact I remember advising you to do this when you posted on here about your daughter's health changes. There is no 60/90 day rule (and in fact there never was, that rule is in the Foreign affairs manual and not in USCIS rules). To the others, the Op got married after 12 days yes, but then her husband returned home and they started the CR-1 visa process. He came back to visit for a bit and while here, her daughter had a significant change in her health care status and they made the decision to file AOS. Not that any of this matters, but just to clarify the situation.

OP - you are being paranoid and everything is fine...really. Relax This is going to be a very normal AOS case, just like the others.

No he did not return home. He entered 9/16, we married 9/28 and he was to return home 12/12 (two days before VWP stamp expires). We started the I-130 process while he was here to spend less time apart when he returned home. Though again it was always our intent for him to return within 88 days.

The customer service reps know about as much about immigration as a customer service rep at Walmart knows about the process of making Walmarts own brand sausages. They are hired to provide basic information and that's it. So yes - they can provide you with info that's "their best guess", and the ones I like the most are the ones being honest and transferring you to either a tier 2, or refer to their webpage(or an infopass appointment).

I can't say you won't have to worry however, it is legal to AOS from WVP, otherwise the option would not be there. Personally, I'd advise you to focus more on the evidence you have together rather than the evidence of your spouse meant to leave. Because the evidence that'll demonstrate a bona fide relationship(along with the affidavit of support) is definitely asked for and will be crucial to your spouse getting a greencard.

And then I'd ask you to call the airline company where you spouse was meant to use. Either cancel ticket, or ask if the seat was given away to someone else when your husband did not show up. Usually, you can get a confirmation through email. It's not really crucial however sometimes the airlines mess up and forget to take the original name of the ticket/seat and it looks as if that person left the US. THat's a no-go when adjusting status. As I said, please focus on the relationship evidence and your daughter getting better, and don't let anyone give you nightmares about the process.

We did contact the airport yesterday to see if we can cancel the ticket. His flight isn't until 12/12/12. I am not worried about our relationship evidence as we have a joint bank account that he deposits into monthly (have had this since April), about to have him added to the house lease, plenty of pics, emails and any member of either family to state we are happily married. All my info has been changed to his last name etc. You would have to be blind not to see the love in this family lol though I will continue to gather as much info as possible. As far as the affidavit of support, my grandfather is a co-sponsor and he makes over $100k a year (retired pension, investments, SS, etc) So we should be perfectly fine there too

Thank you all....even those debating the whole "intent" aspect in the thread...it's given me a lot of relief and help me understand things a bit more

[ValerieA 350]

You really sound like you are in good shape. I know it's impossible not to, but try not to stress the process too much, it's really not as bad as it seems. Congratulations on your marriage, and can't wait to hear about your approval!