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zuyzuy

Visa Waiver Entry and Marriage

By zuyzuy in Adjustment of Status from Work, Student, & Tourist Visas

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azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
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Posted
2 hours ago, TNJ17 said:

Not quite. If the person was planning to get married upon entry and then filing for AOS that’s fraud. They have to prove they decided to get married after POE. 

Wrong totally wrong

azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
13 minutes ago, Scandi said:

Sure, but as others have pointed out - intent is determined at POE, meaning if CBP let you into the country you're free to marry and adjust status. USCIS won't ask, or care, if you had intent or not. Unless they have ridiculously obvious proof.

You are mostly correct but would also like to add that the courts and EOIR have all ruled that IR-1 category adjusters are exempt to intent. So even if there is evidence that the beneficiary had intent they CAN NOT be denied AOS based on that alone. see the matter of cavazos

 
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