AOS on ESTA (already filed CR1)

[Mistermanga 3]

4 minutes ago, Ash.1101 said:

 

Incorrect. Intent is determined at the border, if the intent is found to come in and stay in the US and AOS, you get turned around and not allowed in. Being allowed in means that it was found her intent was to come in and visit, anything that happens while visiting has nothing to do with her initial intent at the border crossing.

From what I've seen, there's never been an AOS case based on marriage that was denied on intent.

 

you're right.

of course at the border the access is granted only if the IO is convinced about the purpose of the travel (just short term visit, not stay).

 

What I would mean with my sentence "just pay attention when you will have the interview for AOS" , and maybe I was not clear enough, is to pay attention to confirm the same version during the interview, because "If the beneficiary violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, the officer may presume that the applicant’s representations about engaging in only status complaint-activity were willful misrepresentations of his or her intention in seeking a visa or entry (cit. amended FAM beginning September 1, 2017" ).

 

that's my understanding of the rules and, luckly, my lawyer strongly underlined this concept before my interview because I was in the same situation (AOS application from B2).

And the fist question from the IO during the interview was exactly what I declared at my border inspection when I entered with the B2 (his screen was open on my declaration to compare the answer).

 

said that, I apologize if I gave the wrong impression. it is not my intention to write in that forum to spam wrong information. if I contribute, it's only on experiences I had on my skin.      

 

[Boiler 45,525]

1 minute ago, Mistermanga said:

you're right.

of course at the border the access is granted only if the IO is convinced about the purpose of the travel (just short term visit, not stay).

 

What I would mean with my sentence "just pay attention when you will have the interview for AOS" , and maybe I was not clear enough, is to pay attention to confirm the same version during the interview, because "If the beneficiary violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, the officer may presume that the applicant’s representations about engaging in only status complaint-activity were willful misrepresentations of his or her intention in seeking a visa or entry (cit. amended FAM beginning September 1, 2017" ).

 

that's my understanding of the rules and, luckly, my lawyer strongly underlined this concept before my interview because I was in the same situation (AOS application from B2).

And the fist question from the IO during the interview was exactly what I declared at my border inspection when I entered with the B2 (his screen was open on my declaration to compare the answer).

 

said that, I apologize if I gave the wrong impression. it is not my intention to write in that forum to spam wrong information. if I contribute, it's only on experiences I had on my skin.      

 

Sounds like you need a new Lawyer.

[Mistermanga 3]

7 minutes ago, Boiler said:

Sounds like you need a new Lawyer.

I received my GC after 76 days from PD thanks to her . next time I'll need a lawyer (2 years and 9 months) I'll think about your advice. 

 

 

Edited May 1, 2019 by Mistermanga

[Boiler 45,525]

The vast majority of people on here do it themselves and the vast majority have no real issues.

[dentsflogged 352]

1 hour ago, Mistermanga said:

just pay attention when you will have the interview for AOS. to apply for an I-485 starting from and ESTA (that is only the fast version of a B1/B2 Visa) is possible but only if you are able to proof that your first intention when you entered in US was to come back to your country. if, for any reasons, the IO will understand that you moved in US with the intention to STAY and Apply as Permanent Resident,  your case will be classified as FRAUD. as consequence, you could have a life ban and your petitioner could have consequences too.

 

i believe that you marriage is absolutely a bona fide marriage , so be ready to bring with you all the proof about your intention to travel back at the end of your 90 days. 

last but not lease, to hire a lawyer it's a decision that is up to you.  In my case, we hired the lawyer. the result has been NO RFE (so, no delays) and the right advices to prepare the interview in the less stressful way. 

 

good luck

 

That is incredibly incorrect and there's several easily conducted searches, including links to court cases, to prove it.

Edited May 1, 2019 by dentsflogged

[Ash.1101 1,756]

15 minutes ago, Mistermanga said:

I received my GC after 76 days from PD thanks to her . next time I'll need a lawyer (2 years and 9 months) I'll think about your advice. 

 

 

Just note that sometimes lawyers will make the consequences sound SUPER scary just to help justify why you need them. If they mentioned that people do this all the time without any legal help and that most cases are DIY, why would anyone hire them? lol

Most people here don't use a lawyer. We haven't at all from K-1, AOS approved in 77 days no RFE, no interview, ROC approved in less than a year no RFE, no interview.

Edited May 1, 2019 by Ash.1101

[PolskaKielbasia 67]

I paid to speak to two attorneys before my wife and I filed. Both have 15+ years experience and attends dozens of AOS interviews from ESTA/B2 a year. Both have yet to see a case where the I485 denial was due to "intent". Apparently the issue is likely to not even come up in the interview, or only come up briefly.

 

Our attorney a several years back did have a client that got an RFE about the intent issue, but they just wrote a letter to USCIS explaining the situation and got approved.

 

Having said that, the AOS process sucks big time now. 6-7 months for EAD/AP, and 1+ year for the interview in many locations. Since you're already a good way into the CR1 process, it may be better to just stick it out and come back with your 2-year GC around Jan 2020. Plus you can visit again this fall.

 

[Russ&Caro 1,549]

OP, if you go the AOS route, it will set you back about 1 year in obtaining US citizenship, assuming that's of value to you.

[AtlToBlr 64]

19 hours ago, Sarah G said:

I believe I would need to wait for 90 days from entry to file in any case as filing before 90 days is presumed visa fraud

Intent does not matter now and there is no 90 day requirement. You can file. 

[AtlToBlr 64]

4 hours ago, Mistermanga said:

if, for any reasons, the IO will understand that you moved in US with the intention to STAY and Apply as Permanent Resident,  your case will be classified as FRAUD. as consequence, you could have a life ban and your petitioner could have consequences too.

Wrong. This has not happened. Intent is determined at the border and the officer cant use that as a sole reason to deny AOS. Please stop with this or produce a case where this happened. 

[Mistermanga 3]

43 minutes ago, AtlToBlr said:

Wrong. This has not happened. Intent is determined at the border and the officer cant use that as a sole reason to deny AOS. Please stop with this or produce a case where this happened. 

 

It was not my intention to start this discussion.

I only reported what my lawyer told me as advice ... and believe it or not, it's something that really happened to me during my interview.

 

I'm not an expert and I do not want to be. I was thinking that the scope of the forum is to share experiences, 

clearly, in this forum there are persons with much more experience than me, so I'll be more than happy to leave the word to them.

 

that's my last reply.

  

[geowrian 22,337]

4 hours ago, Mistermanga said:

What I would mean with my sentence "just pay attention when you will have the interview for AOS" , and maybe I was not clear enough, is to pay attention to confirm the same version during the interview, because "If the beneficiary violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, the officer may presume that the applicant’s representations about engaging in only status complaint-activity were willful misrepresentations of his or her intention in seeking a visa or entry (cit. amended FAM beginning September 1, 2017" ).

 

that's my understanding of the rules and, luckly, my lawyer strongly underlined this concept before my interview because I was in the same situation (AOS application from B2).

And the fist question from the IO during the interview was exactly what I declared at my border inspection when I entered with the B2 (his screen was open on my declaration to compare the answer).

See the item in red. Did you lawyer explain what the FAM is and how it applies to AOS?

[theresaL 408]

OP, even though you would be apart for a few months, by returning home in July as you originally planned would preserve your ESTA rights as long as it's within the time given on your I-94. This is important because an overstay would cancel it and could cause potential problems if for some reason you would need to return home unexpectedly. It would also give you time to take care of your personal affairs, arrange for any sales of personal property, etc and see friends and family before you make the big move. Another advantage is with the CR1 you would have the ability to work right away if that is important. 

 

We were a K-1 and I know the situation is different but we could have married and filed for AOS when he visited for Christmas using his ESTA. For us we needed the time to take care of personal business. I was in the last semester of my MA and really didn't have time to devote to a new husband. He had to move all of his belongings, sell a car and he wanted to spend time with his daughters. When he arrived on the K-1 we were both ready to start our new lives together. I'm really glad we had that time even though it meant another 5 months apart.

Edited May 1, 2019 by theresaL

[treppenwitz 78]

22 hours ago, little immigrant said:

I don't know if the I-130 can be converted or needs to be filed again. 

A photocopy of the I-130 receipt notice is sent in with the I-485 packet.

[TabeaK 517]

What you decide is up to you - file and stay or see the CR1 through to completion.

 

Now, if you file and stay you have to go through AOS purgatory - not being able to leave, work, have any rights at all for probably 6 months these days. I came on a K1 in 2016 - mandatory AOS. Back then AOS (until EAD/AP) at least only took 3 months. Those 3 months were the most miserable time of my life and I would never put myself through that again. These days the limbo is way longer.

 

No, a lot of people may think I am exaggerating, but for me the period of no status, no ability to travel, get a DL easily, earn my living & be a productive member of society - and this all from being completely independent for many years in Europe, was absolutely miserable and pushed me close to depression. The fact of being finally with my loved one was severely overshadowed by this period in limbo. Once I had my status, my new life could finally start.

 

Bottom line, why put yourself through it if in a few months you can have your legal status and start your real American life on day 1?