concerns about aos on visa waiver program

[David & Diana R 1,005]

22 minutes ago, FrankSinatra said:

I dont have it yet but I heard I can get it from the consul/embassy, is this true? Do I need any document to be sent from my country to the US?

You really have not read the guides...

[David & Diana R 1,005]

27 minutes ago, Dee elle said:

Intent was determined by the CBP officer on entry.. entry was granted... 

Non the less the agent warned him that he would track him.  You know this agent entered notes into the system.  I was just saying what I would do.  I always err on the side of caution.  Nothing wrong with a little good old fashioned caution. 

[Jordan8768 107]

1 hour ago, Dee elle said:

I actually do agree with you personally.... not sure I would be brave enough to try AOS.... letter of the law and  determonation by officer are not always the same... 

Regardless though, since intent was established at the border then his aos shouldn't be a problem. I'm sure the immigration officer will ask him about his intent, maybe under more scrutiny but as long as he's done everything legally then there's no reason why aos would be a problem 

[Jordan8768 107]

3 hours ago, FrankSinatra said:

Im pretty anxious already so I will make sure to send everything right the day after of my wedding haha. I spoke to a lawyer through the phone and he adviced me to get married after 70 days of my arrival. So I will get married around the 70 day, the 71 day I will go to the uscis to get the forms, file them and ask them for help to fill them if needed, and send everything the 72-73 day. Will this be fast and safe enough? Thank you for the help

It took me about 7-10 days to finish all of the paper work and to get all the documents needed 

[FrankSinatra 14]

2 hours ago, David & Zoila said:

Non the less the agent warned him that he would track him.  You know this agent entered notes into the system.  I was just saying what I would do.  I always err on the side of caution.  Nothing wrong with a little good old fashioned caution. 

What kind of caution do you advice?

2 hours ago, Dee elle said:

I actually do agree with you personally.... not sure I would be brave enough to try AOS.... letter of the law and  determonation by officer are not always the same... 

What do you mean?

[David & Diana R 1,005]

4 minutes ago, FrankSinatra said:

What kind of caution do you advice?

What do you mean?

Technically and legally you are "probably" safe to marry and then file AOS without leaving and returning to your country.  My concern would be the fact that the border agent suspected you of something and made it known to you that he would be "tracking you".  He was obviously very suspicious.  This would indicate in all likelihood that notes were made in the computer about you and his suspicions.  If you were to go ahead and marry and return to your home country and your US Citizen spouse would then file a CR-1 you would have nothing to fear.  Or you could return to your home country and your US fiance could file for a K-1 visa for you.  Now as I have said over and over again here...this is just me.  I have always erred on the side of caution.  I would hate to risk any possible immigration options for my spouse.  But again, that's just me.  You do whatever you want.

[Boiler 45,494]

The risk of something happening on those 2 flights seems much much higher.

[David & Diana R 1,005]

5 minutes ago, Boiler said:

The risk of something happening on those 2 flights seems much much higher.

Boiler,

You're entitled to your opinion, even if it is wrong.  hahahahaha 

[Boiler 45,494]

1 minute ago, David & Zoila said:

Boiler,

You're entitled to your opinion, even if it is wrong.  hahahahaha 

Compare the stats.

[Lemonslice 4,841]

27 minutes ago, David & Zoila said:

Technically and legally you are "probably" safe to marry and then file AOS without leaving and returning to your country.  My concern would be the fact that the border agent suspected you of something and made it known to you that he would be "tracking you".  He was obviously very suspicious.  This would indicate in all likelihood that notes were made in the computer about you and his suspicions.  If you were to go ahead and marry and return to your home country and your US Citizen spouse would then file a CR-1 you would have nothing to fear.  Or you could return to your home country and your US fiance could file for a K-1 visa for you.  Now as I have said over and over again here...this is just me.  I have always erred on the side of caution.  I would hate to risk any possible immigration options for my spouse.  But again, that's just me.  You do whatever you want.

What should they fear now? 

[Jordan8768 107]

I think you're safe bud. Just make sure you file before you're out of status

 

[Jordan8768 107]

1 minute ago, Dee elle said:

Lets face it.... there is always the risk of refusal for every petition... and its not until we decide to go ahead with it,   let it run its course and see the outcome, that we are able to find the answer.. 

There is wide varying thoughts on the level of risk with this AOS.... reflecting each of our own personal safety senses..... 

One question... what is the worst case scenario?  The notes written on the last entry are enough to have USCIS refuse the AOS.... what is the impact and consequences?  Can you live with that happening or not?

Maybe.... hopefully that wont be the outcome... but its not easy to leave the CBP officers words behing totally and run with the thought that intent was aleready determined and they wont look at it that way...

 

 

 

 

Many people say intent itself isn't enough to deny a AOS

[Diane and Chris 651]

Perhaps you should slow down and consider all your options. You don't want to rush and find out that you should have done this and done that and you can't do this and can't do that.....  Take your time. It will work out the way it is supposed to. Good luck!  

[Boiler 45,494]

Notes on entry can not be a reason to refuse AoS.

[Jordan8768 107]

2 minutes ago, Dee elle said:

Understand... but for me personally, the greatest risk is that it makes no difference what "many people" say or think,,,, none of the "many people" are Immigration Officers, and they are the only ones that count".

 

Saying " but many people on visajourney said I would be ok" wont make any impression.. at least no positive impression... if said to the officer when the visa is denied.....

Is there a documented source for this?  

Personally I just think you'll get more heavily questioned