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Filed: Timeline
Posted

You would have been OK except for this. Even intent upon entry is overlooked - with no other serious negative factors - but if they find out about misrepresentation, it will most likely be denied. I'm sorry, your best option is to either get engaged and have your fiance file the I-130 while you are here, and go back to your country without overstaying your authorized stay; or get married and have your husband file the I-130 while you are here, and go back to your country without overstaying your authorized stay. While they may not find out about the misrepresentation, not long ago there was a member whose misrepresentation was found out when he was applying for citizenship. At that point, not only is citizenship not granted, but the green card can be revoked and removal proceedings started.

The only thing I'm a little iffy on is that, having already materially misrepresented yourself to an immigration officer, if that has any possible bearing on a CR-1 or K-1 visa attempt. I would think it wouldn't even be investigated, though.

what do u mean it wouldnt even be investigated? do u think i would be ok applyin for them visas

Filed: Country: Denmark
Timeline
Posted

Seriously?? I agree with the poster above- to flat out lie is just ridiculous and shows a lot about your character and morals or lack thereof.

Entering the United States and telling the border agent that you're here for vacation when you have every intention to stay, get married and adjust status is called visa fraud. If it were determined by a USCIS officer that this was in fact your intention, the consequences are severe. Be sure that you're prepared for that.

To file for AOS, your husband either needs to be able to sponsor you or you will need a co-sponsor that meets the minimum financial requirements. Additionally, you will need to submit proof of an ongoing relationship and marriage. How are you going to do this if you tell the officer that you married after only knowing one another for two weeks? What are you going to tell the officer when he asks how and where you met?

Sorry, but everything about this is completely ridiculous. If you want to get married, fine, but tell the truth and go about this the correct way, which would be to apply for a spouse visa from your own country.

Husband's AOS Journey from VWP Entry

6/22/2012 Boyfriend entered US under VWP

9/15/2012 We got married!

9/21/2012 Stamp on passport expired

9/28/2012 Mailed I-130 & I-485 packets to Chicago Lock box via USPS Priority

10/2/2012 Received Date

10/4/2012 Notice Date

10/9/2012 Received text & email notifications for NOA (4 forms)

10/12/2012 Received hard copies of NOAs (all 4 forms- I-130, I-485, I-131, I-765)

10/15/2012 Received NOA with Biometrics Appointment

10/30/2012 Completed Biometrics (completed on date assigned)

12/11/2012 EAD & AP Approved

12/20/2012 EAD/AP Combo Card Arrived

2/6/2013 Notification for Interview

3/15/2013 Interview- APPROVED!!!! :)

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

alright, i will, but the thing with them checking the website scared me i wont lie. can i seriously get in any trouble?

You haven't filed for anything yet....but, if they check it, they could use this information against you to deny and/or ban entry. Please be careful what you share anywhere on the internet! You simply could have asked what the best route to go was, regarding your situation instead of blasting your intentions for all to see.

TracyJo

Filed: IR-1/CR-1 Visa Country: Spain
Timeline
Posted (edited)

Hey, sorry I dont really have any advice except that you probably shouldn't lie (if you get caught the consequences could be terrible).. I dont know if you can get married over there and then start the CR1 process, and then just stay in the US until your tourist visa runs out and then go to your home country to do the interview? That way you wouldnt be apart from your loved one that long.

I agree that the law is ridiculous and you should be able to be with the one you love, without having to be apart for months!

If you do decide to go the AOS route, I really hope it works out for you! There are some people on here (I think user Xanax for example) that have married in the U.S and adjusted status with no problems.

Good luck :)

that is why i want to get married later on, not just yet...for it not to seem weird.

no sympathy? really? what have i done to you...the law itself is ridiculous and denies all kinds of things to those that are honest and good. do u have sympathy for the consuls at the embassy denying people visas? people that have evidence of being attached to their country with an honest intention of visiting America while those that bring no proof get 10 year visas? like i said, the law itself is crazy and some people out there are too.

Edited by LucidSofia

I'm the beneficiary.

USCIS
02/05/13 - Sent I-130 to Chicago Lockbox
02/14/13 - I-130 delivered
02/19/13 - NOA1 email, routed to NBC smile.png
03/29/13 - NOA2! (38 days from NOA1)
04/03/13 - Shipped to NVC

NVC
04/09/13 - NVC received
04/17/13 - Case number and IIN received
04/17/13 - Sent DS3032 email
04/23/13 - AoS fee invoiced and paid
04/24/13 - Resent DS3032 (Supervisor review), accepted within the hour

04/25/13 - IV fee invoiced

04/30/13 - IV fee paid

04/30/13 - IV and AOS packages sent together

05/02/13 - Packages delivered

05/13/13 - Expedite request sent

05/14/13 - IV packet accepted

05/16/13 - Expedite granted

05/21/13 - Case sent to embassy

Embassy

05/24/13 - Case arrived at embassy (according to DHL)

05/29/13 - Case arrived at embassy (according to embassy) Interview date scheduled!

06/05/13 - Medical

06/14/13 - Interview - APPROVED!

07/22/13 - POE Atlanta

Posted

what do u mean it wouldnt even be investigated? do u think i would be ok applyin for them visas

I mean I don't believe they are going to bother checking to see if you actually stayed where you said you were going to stay on a prior trip to the US. Let's presume you are going to apply for the CR-1. Your husband sends in the I-130. When your authorized stay is over, you go home to wait out the rest of the process and send in the forms and whatnot required of you when that time comes, and attend your interview in your home country. During this time, as long as you have not overstayed, you could still come back and visit your husband - at the discretion of the border guards, make sure you always have proof with you that you have plenty of ties to your home and thus reason to leave the US when your stay expires.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Filed: Timeline
Posted

I mean I don't believe they are going to bother checking to see if you actually stayed where you said you were going to stay on a prior trip to the US. Let's presume you are going to apply for the CR-1. Your husband sends in the I-130. When your authorized stay is over, you go home to wait out the rest of the process and send in the forms and whatnot required of you when that time comes, and attend your interview in your home country. During this time, as long as you have not overstayed, you could still come back and visit your husband - at the discretion of the border guards, make sure you always have proof with you that you have plenty of ties to your home and thus reason to leave the US when your stay expires.

u mean i can apply for the spouse visa while im here on a tourist visa?

Filed: Citizen (apr) Country: Russia
Timeline
Posted

u mean i can apply for the spouse visa while im here on a tourist visa?

No. You wither have to get married and get AOS or get married and leave and apply for CR1. Since you already mis-represented the best and safest way to do it is get married and go back or go K1 visa route. Don't try to adjust now. My advice.

Filed: Timeline
Posted

No. You wither have to get married and get AOS or get married and leave and apply for CR1. Since you already mis-represented the best and safest way to do it is get married and go back or go K1 visa route. Don't try to adjust now. My advice.

are u sure? somebody told me once that i can apply for the k1 while im here on a tourist visa

Filed: K-1 Visa Country: Thailand
Timeline
Posted

hi there...I know what you're trying to point out here, I also felt the same when I was refused at first...But to tell you honestly, I love the people here, the VJers...they are here to guide and support each other...some will give weird or unacceptable advice, and some are brilliant insights, but who are we to judge, it's the beauty of individuality, we are answering queries based on our knowledge and experiences and its up to you to weigh things over...

I hope that you are here to get info and be guided, not to criticize one's point of view...they are just trying to answer your questions and give you the things that might happen...it's up to you to follow or ignore...Enjoy your journey and I wish you all the best...

that is why i want to get married later on, not just yet...for it not to seem weird.

no sympathy? really? what have i done to you...the law itself is ridiculous and denies all kinds of things to those that are honest and good. do u have sympathy for the consuls at the embassy denying people visas? people that have evidence of being attached to their country with an honest intention of visiting America while those that bring no proof get 10 year visas? like i said, the law itself is crazy and some people out there are too.

Filed: Timeline
Posted

K-1 and CR-1 visas require a petition from a US citizen. That petition can be filed while you're in the US.

yes i know that, but people have told me that i gotta go back and for my US spouse to apply for it when im back in my home country, san diego confirmed it, i need to know for sure.

Filed: Citizen (apr) Country: Russia
Timeline
Posted

are u sure? somebody told me once that i can apply for the k1 while im here on a tourist visa

I am sure. Your spouse/finace can apply while you are here leaglly as long as your I94 permits and then go home.

My recommendation: apply for K1 and stay here as long as your visa permits and then go back. Under the circumstances. K1 maybe even a little faster than CR1 (probably by 1-2 months).

Filed: Timeline
Posted

I am sure. Your spouse/finace can apply while you are here leaglly as long as your I94 permits and then go home.

My recommendation: apply for K1 and stay here as long as your visa permits and then go back. Under the circumstances. K1 maybe even a little faster than CR1 (probably by 1-2 months).

but didt u say in ur earlier post that i couldnt do that...that i either get married and adjust status or get married n go home and apply for that spouse visa then...

i know the k1 usually takes less time but i also know that more things are done once u come on a cr1 and theres less things to do

Filed: Citizen (apr) Country: Russia
Timeline
Posted

but didt u say in ur earlier post that i couldnt do that...that i either get married and adjust status or get married n go home and apply for that spouse visa then...

i know the k1 usually takes less time but i also know that more things are done once u come on a cr1 and theres less things to do

Yes, but you mentioned you want to be together asap so I recommended K1. You can go CR1 route as well which will be longer but will save you money and time in US.

 
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