Canadian visiting US spouse. is adjustment of status possible?

[bestest 1]

People do get tripped up by this when USCIS finds evidence to the contrary. So if someone quits their job, vacates their domicile, or has an event scheduled in the US after their return date they would have to be able to explain those inconsistencies.

But if after I came I decided to stay and file for AOS, why is that an inconsistency?

[Dakine10 5,452]

But if after I came I decided to stay and file for AOS, why is that an inconsistency?

It is not. It is a single statement.

It takes two contradictory statements to make an inconsistency. As I said in the example above, if you gave notice to vacate your Canadian residence, and it came up at your interview, that would be an inconsistency.

I'm not implying that any of the examples I gave above apply to you. Just examples of why USCIS uses actions more than intent. Intent is pretty subjective. Actions are more concrete.

[Teddy B 17,252]

   

That's very reassuring!! Did they ask anything about the entry at all eg date? reason?

They never brought it up, there was no reason to. Once you have been allowed entry into the US by CBP, you have pretty much satisfied any intent to immigrate issues. It is CBP's job to sift through these issues at the border, that's why proof of ties to your home country is so important at your time of entry. If they really thought that you were being untruthful and were a risk to immigrate on your visit, they would have given you an I-94 stamp in your passport with a mandatory return date. It would take something very concrete for them to go back to your entry date and start quizzing you about it at your AOS interview. They may ask a question or two, but that's normal. If you have been truthful, you really have nothing to worry about.

Just a note about your departure date supposedly being entered into the system. If in fact it was entered, in my opinion it shows that your plans really did change and that you had no intent to immigrate upon time of entry. I think it works in your favor, rather than against you.

[Darnell 8,478]

Is this path a dangerous one, and will I likely get a lot of trouble?

Now that you have an interview date for the adjustment of status, please let us know what goes down at the AOS interview. Thanks in advance !

[f&c 50]

Bestest, any updates? I'm curious, because we may have some issues. My wife, who is a Canadian Permanent Resident entered the US and did not receive an I-94. We received an RFE for proof of lawful entry.

[Teddy B 17,252]

Bestest, any updates? I'm curious, because we may have some issues. My wife, who is a Canadian Permanent Resident entered the US and did not receive an I-94. We received an RFE for proof of lawful entry.

F&C, You have different issues from the op in this thread. As I stated previously your issue is proving that your wife entered the US legally. Based on what you said in your previous thread, it doesn't appear that she did. The op in this thread is a Canadian citizen and entered the US on that basis. Your wife is a Haitian citizen but entered the US using a Canadian id and she did not have a nonimmigrant visa or show her Haitian passport. Legally your wife needed a visa to enter the US. How she got by border patrol with just her Canadian permanent resident card is a mystery, but it shouldn't have happened.

Permanent residents (landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the Visa Waiver Program (VWP), meets the VWP requirements, and is seeking to enter the United States for 90 days or less under that program.

http://travel.state.gov/visa/temp/without/without_1990.html

[f&c 50]

Albeit, not exactly the same, their situation is similar and I'm curious about it. Although my wife overstayed, she entered the US legally. A CBP officer inspected her and admitted her into the country, but the burden is on her to prove it. She did not claim to be a Canadian citizen and did not intend to immigrate. Maybe the officer dropped the ball because she entered with Canadian citizen. My wife more than satisfies the below, because she was questioned by an officer.

Matter of Quilantan, Int. Dec. 3688, 25 I&N Dec. 285 (BIA 2010) - For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2006), an alien seeking to show that he or she has been admitted to the United States pursuant to section 101(a)(13)(A) of the Act, 8 U.S.C. § 1101(a)(13)(A) (2006), need only prove procedural regularity in his or her entry, which does not require the alien to be questioned by immigration authorities or be admitted in a particular status. Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), reaffirmed.

[Teddy B 17,252]

I've read some articles on the matter of Quilantin and based on that outcome, it appears you have a shot. I hope things work out for you F&C.

[f&c 50]

Thank you, Teddy. Our case went into "RFE Review" status today, so we're playing the waiting game.

[Teddy B 17,252]

Thank you, Teddy. Our case went into "RFE Review" status today, so we're playing the waiting game.

Please keep us updated.

[f&c 50]

Will do. Thanks!

[bestest 1]

I got accepted - uncodintional GC is in production!!!!

The interview went very smooth. No uncomfortable questions. just the basics. each spouses name and birthday, spouses parents names....

They aksed me how I came in to the US this last time, and if I had left since.

They did not discuss intent or question it what so ever.

I am extremly relieved and happy !!!!!!!!!!!!!!!!!!!!

Thank you VJ. This community has guided me very well through the process. From deciding the best immigration options. To surmounting the mountains of paperwork. To preparing me for the interview. Although I did not post too much, however I used the search tons. 99% of questions were already asked and answered!

I really appreciate everyones help and the time taken to answer my questions!!

Good Luck everyone on their journey.

[Teddy B 17,252]

Congratulations Bestest!

[Darnell 8,478]

Yay Bestest !!!

[ValerieA 350]

Congrats! And thanks for using the search tool, so many don't!