Canadian Visitor getting married in US

[NikLR 13,232]

Lawyers generally mess things up and make the process take longer. 

 

Dont worry about the 2-3 month thing.  

 

Also no you cannot use the Canadian consulate to immigrate to the USA.  Your boyfriend would need to interview at a US consulate in Canada, specifically Montreal. 

[dentsflogged 352]

On 2/6/2018 at 3:12 AM, DBR said:

It's possible, and many people have done it successfully, unfortunately people have also been unsuccessful which can result in a ban / lifetime ban from entering the US. 

I keep seeing this thrown around, but I have yet to see an actual case of it anywhere, either on this forum or in the news.

 

You'd think in todays age of sharing everything on social media, and the way any even vaguely negative commentary about USA immigration polities goes "viral" that there's be plenty of stories about it around the place, like with the current rash of deportations, detainments and people being turned away at the border. 

[BritGirl88 43]

There is always a lot of misinformation that goes around on this topic. People hear the word " visa fraud" and assume that it is the main objective of USCIS to prove that you had intent and kick you out of the country with a 10 year ban. This is false.

 

Intent is determined at the border and AOS cannot be denied based on intent alone. There is case law to support this. See matter of Cavazos and matter of Battista. This is a fact.

 

As someone that has actually been through the process (I was married 32 days after I entered the US and filed for AOS), I can attest to the fact that at NO TIME was my intent questioned during the process. At my interview, I was asked very few questions (none of which were about intent), asked to produce evidence of a bonafide marriage and sent on my way with a greencard approval, 5.5 months after I had initially filed.

The main objective is to find out that your marriage is REAL. Not whether you planned to get married and stay once you entered.

 

A lot of people on here have never been through the process, nor know anyone that has been through the process, yet want to scaremonger people into thinking they can't file because it is "fraud". Is entering the US with intent to stay fraud, yes. No one is disputing that fact. However, due to it being the responsibility of the CBP to determine intent, it is not the mission of USCIS to prove you had intent and deny your application. Applications can be denied for a number of other things, but not because you may have had intent when you crossed the border.

 

If you're going to give advice on a topic, please be well informed and give correct advice. Like others, I have never heard of these cases that some have mentioned. I've not seen proof of applications being denied because of intent, not seen proof of people having legitimate marriages and receiving 10 year bans because of intent and not seen proof of people being interrogated and having to prove they didn't have intent in order to be approved at an interview. I just see people talking about it on these forums because they've also seen it on these forums, and it feeds the cycle and then becomes fact in people's minds because they see it floating around so much. Where is the proof? Where are the actual experiences of these things happening?

 

Edited February 7, 2018 by BritGirl88

[mushroomspore 3,044]

2 hours ago, BritGirl88 said:

There is always a lot of misinformation that goes around on this topic. People hear the word " visa fraud" and assume that it is the main objective of USCIS to prove that you had intent and kick you out of the country with a 10 year ban. This is false.

 

Intent is determined at the border and AOS cannot be denied based on intent alone. There is case law to support this. See matter of Cavazos and matter of Battista. This is a fact.

 

As someone that has actually been through the process (I was married 32 days after I entered the US and filed for AOS), I can attest to the fact that at NO TIME was my intent questioned during the process. At my interview, I was asked very few questions (none of which were about intent), asked to produce evidence of a bonafide marriage and sent on my way with a greencard approval, 5.5 months after I had initially filed.

The main objective is to find out that your marriage is REAL. Not whether you planned to get married and stay once you entered.

 

A lot of people on here have never been through the process, nor know anyone that has been through the process, yet want to scaremonger people into thinking they can't file because it is "fraud". Is entering the US with intent to stay fraud, yes. No one is disputing that fact. However, due to it being the responsibility of the CBP to determine intent, it is not the mission of USCIS to prove you had intent and deny your application. Applications can be denied for a number of other things, but not because you may have had intent when you crossed the border.

 

If you're going to give advice on a topic, please be well informed and give correct advice. Like others, I have never heard of these cases that some have mentioned. I've not seen proof of applications being denied because of intent, not seen proof of people having legitimate marriages and receiving 10 year bans because of intent and not seen proof of people being interrogated and having to prove they didn't have intent in order to be approved at an interview. I just see people talking about it on these forums because they've also seen it on these forums, and it feeds the cycle and then becomes fact in people's minds because they see it floating around so much. Where is the proof? Where are the actual experiences of these things happening?

 

Thank you thank you thank you.

[dentsflogged 352]

2 hours ago, BritGirl88 said:

There is always a lot of misinformation that goes around on this topic. People hear the word " visa fraud" and assume that it is the main objective of USCIS to prove that you had intent and kick you out of the country with a 10 year ban. This is false.

 

Intent is determined at the border and AOS cannot be denied based on intent alone. There is case law to support this. See matter of Cavazos and matter of Battista. This is a fact.

 

As someone that has actually been through the process (I was married 32 days after I entered the US and filed for AOS), I can attest to the fact that at NO TIME was my intent questioned during the process. At my interview, I was asked very few questions (none of which were about intent), asked to produce evidence of a bonafide marriage and sent on my way with a greencard approval, 5.5 months after I had initially filed.

The main objective is to find out that your marriage is REAL. Not whether you planned to get married and stay once you entered.

 

A lot of people on here have never been through the process, nor know anyone that has been through the process, yet want to scaremonger people into thinking they can't file because it is "fraud". Is entering the US with intent to stay fraud, yes. No one is disputing that fact. However, due to it being the responsibility of the CBP to determine intent, it is not the mission of USCIS to prove you had intent and deny your application. Applications can be denied for a number of other things, but not because you may have had intent when you crossed the border.

 

If you're going to give advice on a topic, please be well informed and give correct advice. Like others, I have never heard of these cases that some have mentioned. I've not seen proof of applications being denied because of intent, not seen proof of people having legitimate marriages and receiving 10 year bans because of intent and not seen proof of people being interrogated and having to prove they didn't have intent in order to be approved at an interview. I just see people talking about it on these forums because they've also seen it on these forums, and it feeds the cycle and then becomes fact in people's minds because they see it floating around so much. Where is the proof? Where are the actual experiences of these things happening?

 

I'd add to that by saying that the vast majority of those who throw around the "fraud" and "10 year ban" and everything are the same who also talk about queue-jumping and fairness of those who do it the "right" way and such.

 

 

[Going through 5,671]

2 hours ago, BritGirl88 said:

As someone that has actually been through the process (I was married 32 days after I entered the US and filed for AOS), I can attest to the fact that at NO TIME was my intent questioned during the process. At my interview, I was asked very few questions (none of which were about intent), asked to produce evidence of a bonafide marriage and sent on my way with a greencard approval, 5.5 months after I had initially filed.

The main objective is to find out that your marriage is REAL. Not whether you planned to get married and stay once you entered.

I second this.

 

I came across on a tourist visa as well and got married on a whim (yes, it really does happen!) , then filed for AOS and remained in the States during processing.

 

During my AOS interview all she asked about our marriage was "how did you two meet?" (as in, at the very beginning of our relationship) and "what date did you get married?"  and that was it.  She was much more interested in viewing our documents/evidence showing co-mingling of finances.

 

IOs don't have the inclination to investigate "intent"---because IOs know that was already determined at the port of entry.  

 

 

Edited February 8, 2018 by Going through