J-1 to Green Card: proof of intent

[amohajerani 0]

I came to US with a J-1 visa, married a US citizen, and now planning on applying for green card.

Although everything happened honestly and without prior planning, I am concerned the my green card application may get rejected, because my intent to come to US may be perceived to be immigration, using non-immigrant visa.

Here is the timing:

05/2012: entered US with a J-1 Visa good for 2 years (I've obtained the waiver to 2 year residency requirement).

06/2012: met my wife

10/2012: took a short trip to Canada

12/2012: got married

05/2013: took a short trip to Canada

I realize that my trips to Canada can get my Green Card application rejected. Upon reentry, I was not asked any questions about my intent or marriage, and I never lied. I am concerned that I may be subject to preconceived intent of immigration, while on non-immigrant visa, and therefore, get in trouble with my green card application.
I would really appreciate any advise as to what to do or expect.

[Inky 1,111]

OP Did not enter on a family based visa, there for moved to adjustment of status from work, student, tourist forums.

[AnotherLostSoul 167]

leaving and coming back has nothing to do with your application. The fact that it's only 6 months that you knew your wife before you guys met may raise some eyebrows, so make sure to have good and strong evidences. Good luck!

[hmh33 117]

It won't be an issue. Just don't leave again without your advance parole or green card.

[JohnR! 5,495]

I came to US with a J-1 visa, married a US citizen, and now planning on applying for green card.

Although everything happened honestly and without prior planning, I am concerned the my green card application may get rejected, because my intent to come to US may be perceived to be immigration, using non-immigrant visa.

Here is the timing:

05/2012: entered US with a J-1 Visa good for 2 years (I've obtained the waiver to 2 year residency requirement).

06/2012: met my wife

10/2012: took a short trip to Canada

12/2012: got married

05/2013: took a short trip to Canada

I realize that my trips to Canada can get my Green Card application rejected. Upon reentry, I was not asked any questions about my intent or marriage, and I never lied. I am concerned that I may be subject to preconceived intent of immigration, while on non-immigrant visa, and therefore, get in trouble with my green card application.

I would really appreciate any advise as to what to do or expect.

You should not have a problem as long as you are planning to return to your home country while your residence is being processed. J visas are not dual intent, so when you last entered the US, after getting married, you did so with the intention of staying and AOS stateside. Entering the US under a non-immigrant visa with the intent of staying is considered immigration fraud.

Good luck, whatever your decision.

[vkn 1]

Mohajerani, I am in a similar boat as you (except on an F-1 visa). Here are my thoughts on your situation.

• Your green card will most likely not be refused for immigrant intent as long as everything else is in order.
• Please ignore all the people that say that travelling outside the country while being married to a US citizen/permanent resident is immigration fraud. It is NOT. Yes it is a grey area, but as long as the I-130/I-485 has not been filed, no intent can be established. As long as you never lie to the IO if asked about the marriage, which you haven't done, you should be fine.
• The only problem with is whole scenario is filing so soon for AOS after reentering the US. I suggest you wait at least 2 months if not longer to file. This should hopefully cause a little less scrutiny for intent.

All the best to you. I hope everything works out.

[JohnR! 5,495]

Mohajerani, I am in a similar boat as you (except on an F-1 visa). Here are my thoughts on your situation.

• Your green card will most likely not be refused for immigrant intent as long as everything else is in order.
• Please ignore all the people that say that travelling outside the country while being married to a US citizen/permanent resident is immigration fraud. It is NOT. Yes it is a grey area, but as long as the I-130/I-485 has not been filed, no intent can be established. As long as you never lie to the IO if asked about the marriage, which you haven't done, you should be fine.
• The only problem with is whole scenario is filing so soon for AOS after reentering the US. I suggest you wait at least 2 months if not longer to file. This should hopefully cause a little less scrutiny for intent.

All the best to you. I hope everything works out.

Entering the US on a non-immigrant visa with the intent of AOS is considered immigration fraud and that is that the OP did when he reentered the US after his last visit to Canada. That one does not know about it does not make it less of an offense.

What you say is correct. There is nothing wrong in entering the US on a non-immigrant visa to visit a US spouse. It is doing so with the intent of not leaving that represents a problem.

[ddkorestin 10]

i strongly agree with vkn