Applying for K1, Cr-1, or marrying and doing an AoS - question

[Shoot Em Straight 385]

Oh please make sure your friend with the powerful well paying position reads the obligations completely before signing.

[Shadaryia 11]

Just want to say thank you to all that have given me positive and informative replies. I wish you all the best.

[Hotter Otter 1,211]

Good luck with whatever you choose to do.

With the sponsor make sure its someone close to you; people on VJ have had someone agree to sponsor them then back out at the last moment before! It is a big thing to agree to as a sponsor.

[raven52 233]

You have some very big decisions to make. My advice is do NOT, do a Cr-1, but the K-1.,.,.. 1/2 the time, as the other route can and is being, 12-16 months.,.,.,. make sound finical decisions, and file your K-1...,.,.and God's speed with your approval, and YOUR, decision!

[EM_Vandaveer 2,408]

For the upteenth time: intent alone is NOT a reason for denial of AOS. Even if USCIS suspected intent to stay it is NOT you who has to prove that you had no intent ( hard to prove a negative) rather USCIS would have to prove that there was intent to stay.

Plus, you had no intent. So why worry about it?

If this is the person you want to spend the rest of your life with, then marry and file for AOS.

Edited November 11, 2014 by EM_Vandaveer

[Shadaryia 11]

For the upteenth time: intent alone is NOT a reason for denial of AOS. Even if USCIS suspected intent to stay it is NOT you who has to prove that you had no intent ( hard to prove a negative) rather USCIS would have to prove that there was intent to stay.

Plus, you had no intent. So why worry about it?

If this is the person you want to spend the rest of your life with, then marry and file for AOS.

Thanks so much for your positive feedback. Your story is quite inspiring Thanks <3

[SantyAndAllie 155]

Thanks so much for your positive feedback. Your story is quite inspiring Thanks <3

Everyone else said everything already, but please don't make legal decisions solely based on opinions from VJ members. I'm not really sure what direction that person above you was trying to take you, but you read the comment from the person explaining the AoS route. Intent CAN cause problems and deportation, so yes, intent IS 100% an issue... for your fiance, not necessarily you. Ask any lawyer. Our lawyer warned us about intent when it comes to AoS & marrying on the VWP. The "intent" is that he was really coming in intending to marry you during his stay (even if that isn't the case, that's what they'll believe), and as you pointed out, they already grilled him about that in immigration.

K1s can take anywhere from 3-9 months, but typically they're in the middle range, so it wouldn't be as bad as you think.

Edited November 11, 2014 by lovecometruex

[Shadaryia 11]

Thanks lovecometruex - I value your advice be blessed <3

[Leo7777 243]

For the upteenth time: intent alone is NOT a reason for denial of AOS. Even if USCIS suspected intent to stay it is NOT you who has to prove that you had no intent ( hard to prove a negative) rather USCIS would have to prove that there was intent to stay.

This is a very naive idea.

There will be no 'proving' or 'non-proving.'

USCIS has only to deny. They don't have to prove anything.

Review any case where there was a denial.

You will find nothing about proving anything.

Asking USCIS or any government entity to 'prove' why they made a particular decision

will lead to nothing other than a few chuckles during their coffee breaks.

Sure after a lawsuit or administrative hearing process costing you thousands of dollars, a judge may rule in your favor finding that the government action was not warranted. But that is far different than you giving these rosy statements that the government has to prove something to deny.

[Boiler 45,525]

The lie that will not die.

Also a vote that in your situation filing to adjust seems a better option.

Some people do need to go back and can not wait for AP.

Unfortunately you will get a lot of people posting what they think is right not what is legal. Has been the case since I joined and unless the Mods delete their contributions will I assume always be.

[EM_Vandaveer 2,408]

This is a very naive idea.

There will be no 'proving' or 'non-proving.'

USCIS has only to deny. They don't have to prove anything.

Review any case where there was a denial.

You will find nothing about proving anything.

Asking USCIS or any government entity to 'prove' why they made a particular decision

will lead to nothing other than a few chuckles during their coffee breaks.

Sure after a lawsuit or administrative hearing process costing you thousands of dollars, a judge may rule in your favor finding that the government action was not warranted. But that is far different than you giving these rosy statements that the government has to prove something to deny.

You are wrong, USCIS follows the law and their own policies, they do not just arbitrarily deny or approve cases. It is their own policy not to deny AOS based SOLELY on intent to stay. They could, but they choose not to.

Now, if there are other red flags (eg. they strongly suspect green card fraud), that is another story, but I personally don't see any in this case. My story was similar and I am in the process of obtaining my citizenship.

Edited November 11, 2014 by EM_Vandaveer

[EM_Vandaveer 2,408]

Everyone else said everything already, but please don't make legal decisions solely based on opinions from VJ members. I'm not really sure what direction that person above you was trying to take you, but you read the comment from the person explaining the AoS route. Intent CAN cause problems and deportation, so yes, intent IS 100% an issue... for your fiance, not necessarily you. Ask any lawyer. Our lawyer warned us about intent when it comes to AoS & marrying on the VWP. The "intent" is that he was really coming in intending to marry you during his stay (even if that isn't the case, that's what they'll believe), and as you pointed out, they already grilled him about that in immigration.

K1s can take anywhere from 3-9 months, but typically they're in the middle range, so it wouldn't be as bad as you think.

You are going through a different process, you do not seem to know much about AOS from Tourist, Work etc visas. Intent is not an issue as intent ALONE does not cause denial.

[EM_Vandaveer 2,408]

The fact that they were grilled but then let in works in their favor, as it was determined at POE that there was no intent.

[Nich-Nick 3,354]

Nobody has posted this information from the USCIS. It is worth a read to see what their opinion is on the topic, since so many other opinions are being offered.

-------------------------

November 14, 2013

Policy Memorandum PM-602-0093

SUBJECT: Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

[EM_Vandaveer 2,408]

And it is fine to come to the US to marry.

What is not fine is to come with the intent to marry AND STAY.

I am sure people come to destination weddings (Hawaii, etc) marry then go home.