Intent

[Britinstl 47]

5 hours ago, BritGirl88 said:

So much mis-information in this thread. Mostly from people that have never been through the process of adjusting from visitor status.

 

1. The 30/60/90 has nothing to do with USCIS. I got married 32 days after entering the country and was not asked 1 question about intent. My interview was in 2017.

2. Intent is determined at point of entry. Once you are legally allowed to enter the country, that means the CBP officer has determined that you do not have intent and it no longer matters. USCIS main concern is that you have a legitimate marriage and that will be the main focus of the interview. You cannot be denying based on intent. Case law supports this.

3. YOU DO NOT HAVE TO PROVE OR PROVIDE EVIDENCE THAT YOU DID NOT HAVE INTENT.

 

Please people. Stop spreading the false information that you read on these forums. The people saying these things have no experience with this situation, they just see the word "fraud" and come up with their own ideas about what will happen. USCIS will try to determine whether your marriage is real. Not intent.

I'm adjusting from F1, but I know these all to be true, and I stated earlier in this thread all of these points, yet it was dismissed, bashed as false and nobody listened to me But what do I know!

[MyJourney 276]

On 3/19/2018 at 11:04 AM, Nemeseax said:

I hope so, thank you. 

One question more, dear people: why some of you  ( not all ) somehow scare us, AOS people " to death " by deportation, if we have come on VWP/B2. I truly believe the majority of us are really honest people. 

Don't listen to fearmongers. Read the rules and instructions on the USCIS website and their policy manuals. Follow them, prepare your documents properly and you should be fine. 
The USCIS rules and policies make it very clear that you CAN and should apply for AOS if you are in the US legally. 
Actually the entire purpose of the AOS process is to allow  qualifying non-immigrant visitors to adjust their statuses as immigrants. Becoming an immediate family member of a US citizen is a qualifying event. The more you read and educate yourself about the laws, regulations, and policies regarding this process the less prone you will be to the fear tactics that some people use here. 

Edited April 9, 2018 by MyJourney

[FluffyBalls 52]

On 4/4/2018 at 11:20 AM, BritGirl88 said:

So much mis-information in this thread. Mostly from people that have never been through the process of adjusting from visitor status.

 

1. The 30/60/90 has nothing to do with USCIS. I got married 32 days after entering the country and was not asked 1 question about intent. My interview was in 2017.

2. Intent is determined at point of entry. Once you are legally allowed to enter the country, that means the CBP officer has determined that you do not have intent and it no longer matters. USCIS main concern is that you have a legitimate marriage and that will be the main focus of the interview. You cannot be denying based on intent. Case law supports this.

3. YOU DO NOT HAVE TO PROVE OR PROVIDE EVIDENCE THAT YOU DID NOT HAVE INTENT.

 

Please people. Stop spreading the false information that you read on these forums. The people saying these things have no experience with this situation, they just see the word "fraud" and come up with their own ideas about what will happen. USCIS will try to determine whether your marriage is real. Not intent.

Before submitting our application, I spoke to two longtime attorneys about AOS-ing from a B2 visa. Both said:

1. While the 30/60/90 rule isn't a hard rule, it "looks better" to not marry immediately upon arrival. 

2. The subject of intent rarely comes up. One attorney said the issue of intent comes up in maybe 10% of the interviews she's sat in on. And answering along the lines of "we decided to marry after my arrival" is enough to move on to the next question.

3. Legitimacy of the marriage, eligibility of the beneficiary/petitioner, and the financial support issue are the most important things they are checking for.

 

I'm not going to lie - even though we legitimately decide to marry after my (now) wife's arrival (change of heart, pregnancy), we almost decided to go the CR1 route because of all the fear mongering out there. Both attorneys reassured us that "intent" is probably the single most overblown issue out there, when in reality it's a total non-issue. After hearing this from attorneys who have sat in on hundreds if not thousands of interviews, we decided to AOS.  

 

USCIS deals with "couples" who literally don't know each others full names, blatantly obvious green card marriages, impostors,  etc. They're not going to hassle a legitimate couple AOS-ing from a B2 or F1 visa about intent. Again, the attorneys words, not mine. 

[Nemeseax 36]

15 hours ago, FluffyBalls said:

Before submitting our application, I spoke to two longtime attorneys about AOS-ing from a B2 visa. Both said:

1. While the 30/60/90 rule isn't a hard rule, it "looks better" to not marry immediately upon arrival. 

2. The subject of intent rarely comes up. One attorney said the issue of intent comes up in maybe 10% of the interviews she's sat in on. And answering along the lines of "we decided to marry after my arrival" is enough to move on to the next question.

3. Legitimacy of the marriage, eligibility of the beneficiary/petitioner, and the financial support issue are the most important things they are checking for.

 

I'm not going to lie - even though we legitimately decide to marry after my (now) wife's arrival (change of heart, pregnancy), we almost decided to go the CR1 route because of all the fear mongering out there. Both attorneys reassured us that "intent" is probably the single most overblown issue out there, when in reality it's a total non-issue. After hearing this from attorneys who have sat in on hundreds if not thousands of interviews, we decided to AOS.  

 

USCIS deals with "couples" who literally don't know each others full names, blatantly obvious green card marriages, impostors,  etc. They're not going to hassle a legitimate couple AOS-ing from a B2 or F1 visa about intent. Again, the attorneys words, not mine. 

Thank you so much for this great comment.