Conflicting Advice / Info

[mrshuma 0]

Hi everyone new to the forum been reading quite a bit the last few days but I've read some conflicting info, etc.

This is my situation; I'm Canadian live in a border town so I cross by land often to vist my brother, shop etc

My GF is a US citizen and we've dated for almost 10 years (on and off) but have been pretty serious the last few years.

Whenever I cross they always just scan my passport, Canadians don't get visa's etc.

I've read alot about INTENT and how its frowned upon or illegal to get married in the USA while visiting and then staying while filing for an adjustment of status

Well how does the immigration prove the intent? What if I visitied my girlfriend and on a whim we decided to finally get married etc. Can't I stay and have her file?

I had a friend who was visiting his girlfriend and they got married and he ended up just staying in the USA, received green card etc.

I've read where most people say that I would have to go back to Canada but others say this isn't necessary.

Can someone clarify this for me?

Appreciate it Thanks Tom

[mrshuma 0]

I also wanted to add that I have always been honest with the people at the border; I've told them that I was visiting my girlfriend and they've never really said anything just asked the regular questions so I don't know if they have ever entered anything into the system? They just scan the passport. Never had any troubles getting across and its always been by land.

[Dave&Roza 748]

I also wanted to add that I have always been honest with the people at the border; I've told them that I was visiting my girlfriend and they've never really said anything just asked the regular questions so I don't know if they have ever entered anything into the system? They just scan the passport. Never had any troubles getting across and its always been by land.

Given that you can cross the border easily compared to others you will have to do the soul searching to convience yourself that you just happened to come to the US and get married and decided to stay. Since you are asking about it now, you have the intent of doing this. Maybe not this timne or the next, but in 6 months you decide what the hell let's just get married. You do not know if they have entered anything into the system or not. Do you really want to risk this? You have the advantage of visitng almost at will. Think of all of us here on VJ that have to endure the wait and spend thousands of dollars for the USC to go to their country to visit because the beneficiary cannot get a tourist visa to visit the US. IMHO I would get married and file the proper paper work so there is absolutely no question on intent. I tend to be a bit risk avoidance where the government is concerned.

I would not base my decision on what a friend was able to do or not do. This is your life and you may not have the same person looking at your case, but someone who will be a real hardass and make things unpleasant for you.

Dave

Edited June 20, 2013 by Dave&Roza

[mrshuma 0]

Hi Dave, I totally understand and I agree with this. My main point was that I've had 1 attorney tell me its not an issue if you enter the USA and then get married and file for spousal VISA, as people do get married without the intent ahead of time. Then other people say this is not the way to do it. My GF recently moved to Florida so visiting will be more difficult, if the situation was the same as before I would just get married and wait in Canada while the process takes its course. I was just putting it out there, obviously I've thought about it but since we lived so close before it wasn't as big an issue, now that she moved I was just curious since I had heard different things. So at the end of the day it really just comes down to whether the interviewer believes you had intent or not? Anyone know what the average wait time is if we did get married and I went back to Canada?

[Penguin_ie 5,994]

*** dupe thread removed- please only post once on an issue/ question. If you feel your topic would get better responses in another forum, use the "report" button to request it be moved by a mod ****

[stevie b 141]

Hi Dave, I totally understand and I agree with this. My main point was that I've had 1 attorney tell me its not an issue if you enter the USA and then get married and file for spousal VISA, as people do get married without the intent ahead of time. Then other people say this is not the way to do it. My GF recently moved to Florida so visiting will be more difficult, if the situation was the same as before I would just get married and wait in Canada while the process takes its course. I was just putting it out there, obviously I've thought about it but since we lived so close before it wasn't as big an issue, now that she moved I was just curious since I had heard different things. So at the end of the day it really just comes down to whether the interviewer believes you had intent or not? Anyone know what the average wait time is if we did get married and I went back to Canada?

8-12 months total turn around time and visiting will become a little harder due to increased scrutiny

[NikLR 13,227]

Hi Dave, I totally understand and I agree with this. My main point was that I've had 1 attorney tell me its not an issue if you enter the USA and then get married and file for spousal VISA, as people do get married without the intent ahead of time. Then other people say this is not the way to do it. My GF recently moved to Florida so visiting will be more difficult, if the situation was the same as before I would just get married and wait in Canada while the process takes its course. I was just putting it out there, obviously I've thought about it but since we lived so close before it wasn't as big an issue, now that she moved I was just curious since I had heard different things. So at the end of the day it really just comes down to whether the interviewer believes you had intent or not? Anyone know what the average wait time is if we did get married and I went back to Canada?

Pretty much depends on the interviewer if you have one for AOS. Just remember that the CBP asks you the purpose of your visit. If your purpose is to go down, get married, and adjust status, but you say "hey I'm visiting" then you've just committed fraud. Because the CBP don't generally say "sure dude have a nice trip" when you say "I'm planning on getting married and immigrating to the USA!" LOL just sayin'!

8-12 months is the normal turn around time for a Cr1 visa. Mine was just under 8 months. At this point the time variance is from if both spouses are abroad or what local office the petition is sent to (if sent to one.)

[mrshuma 0]

Pretty much depends on the interviewer if you have one for AOS. Just remember that the CBP asks you the purpose of your visit. If your purpose is to go down, get married, and adjust status, but you say "hey I'm visiting" then you've just committed fraud. Because the CBP don't generally say "sure dude have a nice trip" when you say "I'm planning on getting married and immigrating to the USA!" LOL just sayin'!

Hi NikiR, I didn't understand this part? Are you talking about when I enter the USA or when I would go to the interview? There have been times crossing into the USA where they haven't even really asked me anything, just asked for passports and pass me through. Other times they have asked "purpose of trip" and I have answered truthfully ie. visiting girlfriend, going to the mall, going to a game, visiting brother etc. If you can clarify I would appreciate it! Thanks!

[ValerieA 350]

It is fraud to enter the US on a tourist visa, intending to immigrate. However, if you entered and then, while in the US, decided to adjust, it is fine. It takes 3-5 months, during which you can not leave the country (until you have AP or your green card).

Note: you don't have to worry about them questioning your intent at the interview; even if they do ask the question (rare) intent can not be used as the sole reason to deny.

There is a forum on here dedicated to this process - Adjustment of Status from Tourist, Student, etc. Visas.

[NikLR 13,227]

When you go through customs... For instance if I had said when asked the purpose of my trip "moving to the USA to live with my husband" they would likely have said "go file the paperwork and wait in Canada, CYA!"

But instead I said "visiting my husband" What is the duration of your visit? "XX date" and truthfully answered any other question.

The main thing to remember with AOS is you are denied you are banned. To me, it wasn't worth it. Besides the fact - even suggesting you AOS with intent is against TOS of VJ because it is visa fraud and thus illegal. So I don't. I suggest doing it the legal way of a K1 or CR1 visa. What you do is up to you.

BTW I'm going to move this to general immigration because you are discussing visa paths. K1 might be an option for you as well.

[mrshuma 0]

It is fraud to enter the US on a tourist visa, intending to immigrate. However, if you entered and then, while in the US, decided to adjust, it is fine. It takes 3-5 months, during which you can not leave the country (until you have AP or your green card).

Note: you don't have to worry about them questioning your intent at the interview; even if they do ask the question (rare) intent can not be used as the sole reason to deny.

There is a forum on here dedicated to this process - Adjustment of Status from Tourist, Student, etc. Visas.

But can a Canadian file an adjustment of status since technically there is no VISA? So if I entered the USA to visit my girlfriend and we decided to get married, she then files and I wait 3-5 months for a green card? If that's the case then why would they deny it, I thought the only reason was due to the intent?

[mrshuma 0]

When you go through customs... For instance if I had said when asked the purpose of my trip "moving to the USA to live with my husband" they would likely have said "go file the paperwork and wait in Canada, CYA!"

But instead I said "visiting my husband" What is the duration of your visit? "XX date" and truthfully answered any other question.

The main thing to remember with AOS is you are denied you are banned. To me, it wasn't worth it. Besides the fact - even suggesting you AOS with intent is against TOS of VJ because it is visa fraud and thus illegal. So I don't. I suggest doing it the legal way of a K1 or CR1 visa. What you do is up to you.

BTW I'm going to move this to general immigration because you are discussing visa paths. K1 might be an option for you as well.

Hi NikiR - but how is it visa fraud if there is no visa involved or are all Canadians automatically considered on a tourist visa? The part I don't understand is; why would the AOS be denied? I agree its probably not worth the risk, I see how easy my friend had it so maybe I am just assuming it would be this easy for me too. It seems a bit trickier for us who live right at the border because when your flying into the USA it is different then always crossing by land - there are many times where they just pass you through

[ValerieA 350]

Canadians are considered to be on a tourist visa. Just to correct a statement made above - if AOS is denied, you are not banned. You will get X number of days to leave the country (or appeal). If you leave, you simply apply for a CR-1 and will have to overcome whatever the reason was you were denied. Check the forum I mentioned above for denials - usually it is a procedural issue (RFE not responded to in time, for example) or the adjudicator decided it was not a valid marriage.

ETA: Yes, they let Canadians do this, I did it and so have quite a few others.

Edited June 21, 2013 by ValerieA

[mrshuma 0]

Valerie thank you! So just to be clear; once I enter the USA I get married; she files the AOS then we wait 3-5 months for an interview or if you are approved you automatically get a green card? And if for some reason its denied; I would go back to Canada and just refile the CR1 from there?

[dwheels76 5,468]

Valerie thank you! So just to be clear; once I enter the USA I get married; she files the AOS then we wait 3-5 months for an interview or if you are approved you automatically get a green card? And if for some reason its denied; I would go back to Canada and just refile the CR1 from there?

You need to read up on the guide. The Adjustment of status is all that you need no CR1 because thats a Visa and you would already be in the country.

There's advance parole , EAD, I-130, I485. Advance parole and EAD should be approved within 90 days. the green card man its taking a minute like 9 months to a year.

There's no going back to file anything.

http://www.visajourney.com/content/i130guide2