Married abroad.. Filling the i485 and i130 concurrently, Here on b1/b2

[Snorlux 58]

Once a person is cleared for entry to the US by CBP, intent is no longer in play and will not be an issue for his AOS process. Even if USCIS finds that this person did in fact have preconceived intent to stay and adjust status, intention alone is not reason enough to deny an AOS application. There is case law that settles this issue.

You were cleared to enter as a tourist and IF you had the intention and you admit you had the intention to stay and adjust status then you "lied" to an immigration officer and that's illegal.

The case law that exists talks about "preconceived intent" where uscis assumed that you had the intent.

I, on the other hand, talk about you admitting that you had the intent to stay. Two very different things. Assumptions by USCIS cannot get your application denied but you admitting that you entered as a tourist while you had an intent to stay constitutes visa fraud and you just admitted to it.

If this was illegal and not considered visa fraud then everyone would just enter the US on a tourist visa and then adjust status.. the IR1, CR1, K1 visas etc wouldn't even exist.

[Pitaya 2,577]

Welcome to the forum.

[Palmervybz 0]

Thank you everyone!! I can actually prove that we did not have intention because I have messages where we talked about just filing the i130 while he was here visiting and then he would return home in January where we were going to wait out the rest of process aka months. This was the plan the whole time, up until just a couple weeks ago and then we went and seen a lawyer.

Snorlax however It never said it was our intention for him staying. I have been stating the opposite the whole time. I am going to go ahead and let the lawyer do it. She already said it was legal for us to do so, I just thought I could do it my self however it appears that an immigration officer could think we intended to like obviously you did even though we did not. I get it, its obviously not the most flavorible way to do things.

[Teddy B 17,252]

You were cleared to enter as a tourist and IF you had the intention and you admit you had the intention to stay and adjust status then you "lied" to an immigration officer and that's illegal.

The case law that exists talks about "preconceived intent" where uscis assumed that you had the intent.

I, on the other hand, talk about you admitting that you had the intent to stay. Two very different things. Assumptions by USCIS cannot get your application denied but you admitting that you entered as a tourist while you had an intent to stay constitutes visa fraud and you just admitted to it.

If this was illegal and not considered visa fraud then everyone would just enter the US on a tourist visa and then adjust status.. the IR1, CR1, K1 visas etc wouldn't even exist.

There is no difference between the two as far as the law is concerned. You were given the two cases to research in a previous post, feel free to read them before continuing in error.

Edited November 29, 2016 by Teddy B

[Beth & Achraf 328]

Thanks everyone. Tryiing to figure out everything is beyond confusing perhaps we will have to just not be cheap and hire the attorney to do this so we dont mess anything up.

You truly don't need an attorney to file, just follow the guides.

I suggest firstly printing all the forms need to file, gather your evidence, passport port pictures, and then sit down for the weekend to get it all filled out and together.

We are here to help, and loads cheaper then asking an attorney.

[Palmervybz 0]

Thanks alot Beth and Acharf. I have the paperwork printed out and I am going to get them filled out this before the week is over. Then work on getting referral letters and proof ect. Someone suggested that I wait 90 days to file them. We I'm going to reschedule his 01/11 ticket home to sometime in March and perhaps take my time.

I never knew this would be so confusing and difficult, the whole immigration process. It is beyond overwhelming with so many people and articles online that contradict each other. I just dont know whats legal and whats not and I definitely don't want to mess anything up.

[Snorlux 58]

Thank you everyone!! I can actually prove that we did not have intention because I have messages where we talked about just filing the i130 while he was here visiting and then he would return home in January where we were going to wait out the rest of process aka months. This was the plan the whole time, up until just a couple weeks ago and then we went and seen a lawyer.

Snorlax however It never said it was our intention for him staying. I have been stating the opposite the whole time. I am going to go ahead and let the lawyer do it. She already said it was legal for us to do so, I just thought I could do it my self however it appears that an immigration officer could think we intended to like obviously you did even though we did not. I get it, its obviously not the most flavorible way to do things.

You are absolutely fine and you shouldn't have any issues with or without a lawyer.

The immigration officer will not "think that you intended" but he/she will probably ask you.

When my wife and I had our AOS interview the immigration officer asked me if I was aware that it's illegal to enter on a visitors visa with the intent to stay. And I said yes I am aware and we didn't have the intention to stay when we entered. That was all and he approved my green card right and there! So from my experience I know your immigration officer might ask you, that's all.

I just wanted to advice you to be careful with what you tell them cause like I was asked on my interview you could be asked too. That's all.

But of course everybody's jumping on my case so I guess I should just shut it

[Teddy B 17,252]

You are absolutely fine and you shouldn't have any issues with or without a lawyer.

The immigration officer will not "think that you intended" but he/she will probably ask you.

When my wife and I had our AOS interview the immigration officer asked me if I was aware that it's illegal to enter on a visitors visa with the intent to stay. And I said yes I am aware and we didn't have the intention to stay when we entered. That was all and he approved my green card right and there! So from my experience I know your immigration officer might ask you, that's all.

I just wanted to advice you to be careful with what you tell them cause like I was asked on my interview you could be asked too. That's all.

But of course everybody's jumping on my case so I guess I should just shut it

Advising someone to be careful and telling them that there would be a "99% chance of deportation" are two different things. I agree that they could be asked about intent at their interview, but it won't go any further than that either way. There is no chance of deportation because of intent at that point.

[Harpa Timsah 13,258]

Thanks alot Beth and Acharf. I have the paperwork printed out and I am going to get them filled out this before the week is over. Then work on getting referral letters and proof ect. Someone suggested that I wait 90 days to file them. We I'm going to reschedule his 01/11 ticket home to sometime in March and perhaps take my time.

I never knew this would be so confusing and difficult, the whole immigration process. It is beyond overwhelming with so many people and articles online that contradict each other. I just dont know whats legal and whats not and I definitely don't want to mess anything up.

Hey palmer,

You don't need to read online anymore. You don't need to search and read articles. You have been given the correct list of items per your situation (in the first reply), so now you just need to fill those forms out and follow the instructions for the forms found at uscis.gov.

Read each line, fill it out. Slow and steady. Answer the questions. It's like doing paper taxes or filling out a very long application for a driver's license. Good luck.