Conflicting Advice / Info

[ValerieA 350]

Just to be clear - if you are in Canada right now, you can not plan to cross the border and AOS. That is visa fraud. AOS is for people who find themselves in the US and THEN decide to stay with their USC spouse...

[Alaska2012 462]

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?

Now it sounds to me like you are planning it and then it becomes fraud.

You might get away with it.....but if you get denied because they suspect it was planned all along there is no going back and file CR1. Commit fraud and get caught and your chances of getting that green card are slim to none!

[mrshuma 0]

Now it sounds to me like you are planning it and then it becomes fraud.

You might get away with it.....but if you get denied because they suspect it was planned all along there is no going back and file CR1. Commit fraud and get caught and your chances of getting that green card are slim to none!

well I'm not planning anything ; I've just been told and I have seen it in my friends situation where he married in the USA without planning it and then just filed and everything was fine; but then others have said this is fraud. I agree its probably not worth the risk but some on this forum have said there would be no ban and intent has nothing to do with it. I've always had 2 attorneys give me conflicting advise as well.

Just to be clear - if you are in Canada right now, you can not plan to cross the border and AOS. That is visa fraud. AOS is for people who find themselves in the US and THEN decide to stay with their USC spouse...

but thats my point its easy to cross the border since I live in a border town, I cross all the time and in some cases they barely ask anything. So if I end up in the US while visiting and decided to get married at that time it would be ok?

[canada_socks 97]

Just to be clear - if you are in Canada right now, you can not plan to cross the border and AOS. That is visa fraud. AOS is for people who find themselves in the US and THEN decide to stay with their USC spouse...

I personally think they should stop doing AOS from inside the USA. Then we wouldn't have people trying to cheat the system, and they would have to do it the proper way, the way we all did!

[ValerieA 350]

well I'm not planning anything ; I've just been told and I have seen it in my friends situation where he married in the USA without planning it and then just filed and everything was fine; but then others have said this is fraud. I agree its probably not worth the risk but some on this forum have said there would be no ban and intent has nothing to do with it. I've always had 2 attorneys give me conflicting advise as well.

but thats my point its easy to cross the border since I live in a border town, I cross all the time and in some cases they barely ask anything. So if I end up in the US while visiting and decided to get married at that time it would be ok?

Yes, that is fine. That's what happened to me, I was visiting my husband, circumstances changed, so I ended up AOSing.

[1.618 17]

The simple fact that you are inquiring about the legal aspect of WHAT IF... kind of sounds like plans and intent to me.

I'm sure that crossed most of our minds. And then we spent thousands of dollars and waited years to do it the legal way.

If you're thinking about crossing, getting married and adjusting, it is illegal.

Cross, get married, go back, file for a visa.

Doesn't matter what your friend did.

Look up the word INTENT in the dictionary. Then you'll be all set.

[mrshuma 0]

The simple fact that you are inquiring about the legal aspect of WHAT IF... kind of sounds like plans and intent to me.

I'm sure that crossed most of our minds. And then we spent thousands of dollars and waited years to do it the legal way.

If you're thinking about crossing, getting married and adjusting, it is illegal.

Cross, get married, go back, file for a visa.

Doesn't matter what your friend did.

Look up the word INTENT in the dictionary. Then you'll be all set.

But someone was saying it has nothing to do with intent? How can they prove INTENT? Sometimes I cross multiple times in a month; whose to say one of those times we just decide to get married after the fact? I'm not saying that I am doing this my original point was that it's a bit murky because I there is so much misinformation.

[mrshuma 0]

My friend was dating a girl for awhile and never had any intent on getting married they actually got married on new years day, nothing was planned - he stayed in the US and never had any problems. At the end of the day the best thing for me might just be to start the fiance visa process just to be 100% sure, I guess its a little different for those of us who live near a border because we have crossed into the USA so easily over the years and it just seems so easy.

[Boiler 45,581]

If you failed to adjust status in the US for some reason then that same reason would prevent a CR1.

What issues do you have that are a cause for concern?

[KayDeeCee 4,893]

My friend was dating a girl for awhile and never had any intent on getting married they actually got married on new years day, nothing was planned - he stayed in the US and never had any problems. At the end of the day the best thing for me might just be to start the fiance visa process just to be 100% sure, I guess its a little different for those of us who live near a border because we have crossed into the USA so easily over the years and it just seems so easy.

Yes, you are lucky to be from a country where it is easy to travel back and forth on a regular basis. Those on the southern border do not share your same luck, so it does not seem easy for everyone that lives near a border.

They cannot really prove intent to deny you. People are able to actually have intent, say they do not, then enter and claim they just then decided to marry and stay. They are approved for AOS all the time. Nevertheless, it is still visa fraud to enter the US with the intent to marry, stay and adjust status. This is one of the reasons many people wish to see adjusting from a tourist visa to no longer be a viable option.

[Brit Abroad 166]

Well, let's see now. No doubt you registered for this site with your regular email address, which can be tracked to your individual identity. We know, for a fact, that USCIS check VisaJourney and Facebook and other social networking/self help immigration sites, so you've openly asked about entering and adjusting using the nice-n-easy but illegal method. Most US government agencies have shared access to a great many databases, both domestic and foreign, and are likely to be able to view historical data as well as current.

If you choose to go this route, good luck in your AoS interview. USCIS may not be the cream of the intelligence services, but they can certainly access a few internet records and pin a name to your posts. While it is possible to successfully sail through the "oh, I got married on the spur of the moment" adjustment, just remember that if they catch you out in a lie, you could be staring at a lifetime ban for misrepresentation. Is it worth it? For most of us, the answer to that is no.

Your risk, your choice.

[Boiler 45,581]

Like that's going to happen.

[Harpa Timsah 13,258]

OP: It is not illegal to have intent to marry when you cross. You don't need a special visa to marry. It is illegal to enter the US on a non-immigrant status with the intent to immigrate. It is against the TOS of this site to suggest any illegal activity and doing that is illegal. So no one here will tell you to do it. Lawyers might suggest otherwise, but if you fail they don't pay the consequences.

Now, if you are in the US, intent by itself is not enough of a reason to deny an AOS case. It is a negative factor that pales in comparison to the strong positive factor of being married to a USC. We tell people this usually to calm them down when they ask "but how can I prove I don't have intent?! I am so nervous! I have X evidence, will it be enough!?" So generally people tell them they don't need to worry about that, and they don't.

But, you are not in the US; you are in Canada. Planning to do this beforehand is actually a dumb move. This is me talking, not the TOS, though the TOS says the same thing. The reason is that if you know in your brain that you are trying to enter on a non-immigrant status with the intent to immigrate, you know you are doing something illegal. You then run a much higher chance for misrepresentation, ie lying at the border than someone with pure intentions. If you lie at the border your AOS can and will be denied. Your nerves will be all over your face and easily detected. And the strong desire to be with your spouse might cause you to lie even more, getting you into serious trouble. So I think it is really a bad plan to try visa fraud.

Edited June 21, 2013 by Harpa Timsah

[aws&ndd 103]

Stop thinking about the possibilities of staying and adjusting status. Just do things the right way, ie go and get married and file the spousal visa and return to Canada. Stop trying to get around the system because it is convenient. Many of us have to wait, separated from our loved ones, why should your case be any different?

[BLAKCAJUN 25]

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

I know of several people who come to America, get married and then apply and they all have gooten approved no problem. one man came for a two week work assignment and never left and several years later got married and got his citizenship quickly. Those of us doing it the way the government states do the most waiting