New AOS interview worry

[notrepetiteashley 0]

After reading someone's post about coming here as a visitor who was already married to a USC, I started to worry. The 2nd time my husband came to the US from Canada we were already married ((see my signature, if you would)) and the thing that's different is that he did NOT have any type of visa. He was allowed in because the officers at the POE listened to our sob story about how I needed my husband to accompany me on the 2 day drive home, so I wouldn't be by myself ((which was absolutely true!!!)). My husband had just been accepted and paid for university in Sask. and he also had a return bus ticket. We also had proof of filing the I-130 FROM Canada. The officers were very nice and they said, "you two are fine to go," and we went.

Then when we got back home, we were told by the dean of students at my university ((who was Canadian himself)) that my husband should be able to stay here and adjust his status. We were surprised. So we went to the USCIS local office in DSM and asked an officer if that would really be okay and she said yes! So that's what we did. He withdrew from university in Sask. and never ((obviously)) used his bus ticket back home...and it was non-refundable.

Now I'm worried that this will look bad. Like, we had absolutely no intention of him staying to adjust status when we were at the POE and I'm guessing the officers knew that...otherwise would they have let us in?? Maybe, I don't know. Anyway, we heard it straight from an officer that he could stay and file AOS. Am I nuts to be worrying about this???

[Becky 0]

Hi Ashley. I'm sorry, I don't know a whole lot about adjusting status from a visitor visa (or no visa, as the case may be). I would suggest, though, that you document as much of your history as possible. If you have record of your husband's University place, as well as his return bus ticket (I don't know if people keep those things for so long), any other information that will solidify your story.

I'll keep everything crossed for you.

[notrepetiteashley 0]

Thank you. We do have a letter from Greyhound stating that they could not refund our bus ticket from 2003. We purchased the ticket online, so we just had a piece of paper at the POE that served as a ticket until the time that he went to the bus depot, which he never did since he stayed. So we do have proof from that, and also from his university that he intended to come back. We can also get a notarized letter from his mother, who he lived with in Canada saying she expected him back. A couple days before we left he also applied to see a doctor in Canada, and we can get proof of that. I mean, why would you apply to see a doctor if you planned not to come back to Canada for years??? I don't know.

It may not even come up in the interview. And the woman at the USCIS local office seemed to think it was okay. I don't know. The interview is coming up and I may just be searching for reasons to fail.

[Kez/JWolf 6]

You will be fine.... your husband was inspected at POE and as you say your self he had no intention of remaining when he entered.....

Relax I bet you wont even be asked about it at interview and if you are just tell them the truth....

Kezzie

[notrepetiteashley 0]

Okay, thank you Kezzie. You are somehow my sanity in these questions. hehe.

Thank you.

[rebeccajo 14]

You might want to PM clmarsh. Your stories have some similarities.

[ChristinaM 0]

With the exception that I married once in the US, Becca. But yes, I made it through in one piece, and have my green card.

As Kezzie said, all you can do is to be honest if asked. My entry was not mentioned in my AOS interview, nor was the filed-and-withdrawn K1.

Let's look at the glass as half-full

Christina

[notrepetiteashley 0]

Thanks Christina! :-)

We were married in the US, then went to Canada, then I went back to the US alone, then back to Canada alone, then back to the US with my husband. LOL. Yeah. Good times. :-D

One day we will all look back and smile...maybe even laugh.

[Kajikit 65]

Don't panic! You didn't do things the 'right' way but you didn't deliberately decieve anyone or lie to USCIS. There are lots of people on the board who have adjusted in less than ideal circumstances and I'm sure you'll be fine.

[Kez/JWolf 6]

Don't panic! You didn't do things the 'right' way but you didn't deliberately decieve anyone or lie to USCIS. There are lots of people on the board who have adjusted in less than ideal circumstances and I'm sure you'll be fine.

The OP has not done anything wrong or illegal so why do you say they have not done things the RIGHT way???

Kezzie

Edited March 24, 2006 by Kezzie

[grouchy 0]

Lots of people have done this successfully. A small percentage are given a hard time about it, but there is no use worrying about it on the off chance you will be one of the very few. Just answer questions honestly.

After reading someone's post about coming here as a visitor who was already married to a USC, I started to worry. The 2nd time my husband came to the US from Canada we were already married ((see my signature, if you would)) and the thing that's different is that he did NOT have any type of visa. He was allowed in because the officers at the POE listened to our sob story about how I needed my husband to accompany me on the 2 day drive home, so I wouldn't be by myself ((which was absolutely true!!!)). My husband had just been accepted and paid for university in Sask. and he also had a return bus ticket. We also had proof of filing the I-130 FROM Canada. The officers were very nice and they said, "you two are fine to go," and we went.

Then when we got back home, we were told by the dean of students at my university ((who was Canadian himself)) that my husband should be able to stay here and adjust his status. We were surprised. So we went to the USCIS local office in DSM and asked an officer if that would really be okay and she said yes! So that's what we did. He withdrew from university in Sask. and never ((obviously)) used his bus ticket back home...and it was non-refundable.

Now I'm worried that this will look bad. Like, we had absolutely no intention of him staying to adjust status when we were at the POE and I'm guessing the officers knew that...otherwise would they have let us in?? Maybe, I don't know. Anyway, we heard it straight from an officer that he could stay and file AOS. Am I nuts to be worrying about this???

[Peggy 1]

Stay positive

Best of luck at the interview

[chocolaterie 0]

I was married before I entered the USA as a student. I think you will be fine. During the beginning of the process the lawyer I had said it was fine for me to adjust and so did the immigration officer at the Phoenix office.

From one Canadian/US couple to another, Bonne Chance!

[rebeccajo 14]

With the exception that I married once in the US, Becca. But yes, I made it through in one piece, and have my green card.

As Kezzie said, all you can do is to be honest if asked. My entry was not mentioned in my AOS interview, nor was the filed-and-withdrawn K1.

Let's look at the glass as half-full

Christina

Well, the similarity I was referring to was making phone calls to USCIS and being told that what you were doing was OK.

[jujube100 0]

Dear Canadian,

No need to worry! I just got AOS approved! Here are some tips to share.

********

We are so grateful to all who shared your stories to inspire us moving on in the confused, frustrated waiting days. Now It is time to share a few tips based on our personal experience to repay this site.

1. I am a Canadian citizen crossing border without I-94. We were very much bothered by the burden of proof on my port of entry. Thanks to our Prepaid Legal Lawyer in LA area, (David Cohen) we provided a notarized statement by myself, and also obtained a notatized statement from my friend who drove me cross the border in Oct. 2004. IT WORKED!!

2. I was married about 2 years ago and lived in US with husband most of the time. Since I do not have record of entry, it was hard to decide what to file. K3? or AOS. My husband depleted all the resources, including dozen's times calling USCIS, calling lawyers, we were ready to pay some bucks for the right advice. Thank God, all these due diligence work pointed to AOS. IT WORKED.

3. For Canadian living in US with USC spouse, filing with Chicago lockbox seems to be the way to go. In our case, I485 Receipt date Nov.9, 2005, Interview Feb.24 2006 at LA. AOS approval March 20, 2006.

4. Unexpected issue shows up requires further documentation, resubmitted material with I601 on March 18, 2006. Talked to Lawyer again. His advice was crucial on preparing documentation.

Finally, we are very happy to have prepaid legal membership. It has been very helpful!! It costs less than $25 a month, the benefit for us in this case is priceless.