I-94 Question

[ManCharsey 254]

Aussie_jason I hear people talk about USCIS questioning intent to marry and adjust status prior to arriving in the US and you said same thing too about his preconceived intent to marry and adjust status. But what many people do not know is that under Law USCIS can NOT deny an adjustment of status under preconceived intent to adjust status. They can only do that under misrepresentation of facts or willful concealing of evidence..but that goes way beyond just prior intent to marry and adjust status. Misrepresentation of facts or willful concealing of evidence which is a subset of visa fraud usually means material evidence such as criminal history etc were concealed and not disclosed to immigration or lies were told such as an immigrant claiming to be married so as to ease the visa acquisition process and upon getting to the US marrying and trying to adjust status.

The last time the USCIS tried to deny based on preconceived intent it was squashed by a court in 1987 and it was made an immigration law that it could not be used anymore. If you want proof read the following case:

http://www.uscis.gov...0-0-0-4012.html

So USCIS rather scrutinizes the bonafide nature of the marriage to ensure that it was entered into on good faith. And as long as both parties are married on good faith, that is it. I just think it is way overdue for people throwing the preconceived intent advice around. It does NOT hold in immigration law. Any suggestions should be based on the bonafide nature of the marriage but NOT on pre-conceived intent as since 1987 by law USCIS can NOT deny base don't that and has never done so.