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Filed: Other Country: China
Timeline
Posted
8 hours ago, Jessjames14 said:

That doesn’t give much info.  I am confused as to why someone would file an AOS then? What is a good example of someone doing that ?

Most common reason is to avoid separation during the process.

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Posted (edited)
On 1/3/2020 at 7:12 AM, Jessjames14 said:

Why does going back to Canada and then visiting Again show intent to immigrate? I have not yet filed anything 

 

IMO, what you have explained on this thread is a clear intention to immigrate.  Intention to immigrate is not based on just applying for immigration.  There are certain actions that can be construed as intention to immigrate.  I believe CBP assumes that marrying a USC is an intent to immigrate (a (removed)crazy assumption IMO, especially if the spouse is from a developed country, but that's what it is).  What you mention on this thread also shows an intent to immigrate.  However, if you are going to AOS while on your current visit to the US, then this intent doesn't matter any more.

Edited by Ontarkie
bypassing language filter
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
9 hours ago, Moe428 said:

 

IMO, what you have explained on this thread is a clear intention to immigrate.  Intention to immigrate is not based on just applying for immigration.  There are certain actions that can be construed as intention to immigrate.  I believe CBP assumes that marrying a USC is an intent to immigrate (a batsh*t crazy assumption IMO, especially if the spouse is from a developed country, but that's what it is).  What you mention on this thread also shows an intent to immigrate.  However, if you are going to AOS while on your current visit to the US, then this intent doesn't matter any more.

Well I mean, I would assume that aswell.  Do people really stay married and live in separate countries for life ?

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
1 hour ago, Jessjames14 said:

Well I mean, I would assume that aswell.  Do people really stay married and live in separate countries for life ?

I'm pretty sure the poster was talking about couples living together in the other spouse's (developed) country instead of immigrating to the US..........not living in separate countries for life after marriage.....

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
14 hours ago, pushbrk said:

Most common reason is to avoid separation during the process.

Yes of course.  
 

sort of off topic..  am I supposed to have information (travel information/ return dates etc) recorded under my passport when I enter my information on the government website?

Posted
15 hours ago, Moe428 said:

I believe CBP assumes that marrying a USC is an intent to immigrate (a batsh*t crazy assumption IMO, especially if the spouse is from a developed country, but that's what it is).

Marrying alone is not (destinations weddings happen all the time), but it does raise scrutiny that they will marry and stay.

The reason it raises suspicion of intent to immigrate is because so many people have done exactly that - married then stayed. There are cases on VJ all the time from somebody who decided to marry + stay (or was already married and now want to stay), from all sorts of countries (Canada, VWP countries, high fraud countries, etc.).

 

6 hours ago, Jessjames14 said:

Well I mean, I would assume that aswell.  Do people really stay married and live in separate countries for life ?

Intent to immigrate is really addressed on a per-visit basis. Somebody can be allowed to immigrate at a later date and still visit...many people on VJ visit while waiting for their K or immigrant visa paperwork to go through. There's an entire megathread thread dedicated to it.

Of course, one's visit patterns and personal circumstances are crucial. Canadians - especially those crossing by land - usually do not get much scrutiny. It's the privilege of holding a Canadian passport. But if somebody were to visit too long/often, it might raise questions and then they may take a more in-depth look at your circumstances - like having a USC spouse, not having many or strong ties to the Canada, etc.

 

Anyway, that was just some background info if you were interested.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
7 hours ago, Jessjames14 said:

Well I mean, I would assume that aswell.  Do people really stay married and live in separate countries for life ?

Some people live separately for several years for careers etc.  We purposefully sought an immigrant visa due to the advantages and lived separately for just over a year but the process was much faster back then. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
6 hours ago, Jessjames14 said:

Yes of course.  
 

sort of off topic..  am I supposed to have information (travel information/ return dates etc) recorded under my passport when I enter my information on the government website?

You should be able to get your I-94s. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted (edited)
2 hours ago, geowrian said:

Marrying alone is not (destinations weddings happen all the time), but it does raise scrutiny that they will marry and stay.

The reason it raises suspicion of intent to immigrate is because so many people have done exactly that - married then stayed. There are cases on VJ all the time from somebody who decided to marry + stay (or was already married and now want to stay), from all sorts of countries (Canada, VWP countries, high fraud countries, etc.).

 

My understanding is that there's an assumption of intent to immigrate to the US once someone marries a USC.  The reason why I think it's illogical is because a large chunk of USC spouses are actually living in other developed countries.  In Canada alone they would be in hundreds of thousands.  Now add Europe, etc, it would be in the millions.  I'd agree that most of the time, the couple ends up settling in the US.  But it's not the vast majority of the time.  To make an assumption that doesn't apply in a large minority of the cases is illogical, IMO.

 

  

8 hours ago, Jessjames14 said:

Well I mean, I would assume that aswell.  Do people really stay married and live in separate countries for life ?

I am talking about the assumption of moving to the US, not about living separately.

Edited by Moe428
Posted
2 hours ago, Moe428 said:

My understanding is that there's an assumption of intent to immigrate to the US once someone marries a USC.  The reason why I think it's illogical is because a large chunk of USC spouses are actually living in other developed countries.  In Canada alone they would be in hundreds of thousands.  Now add Europe, etc, it would be in the millions.  I'd agree that most of the time, the couple ends up settling in the US.  But it's not the vast majority of the time.  To make an assumption that doesn't apply in a large minority of the cases is illogical, IMO.

The presumption of immigrant intent applies to every visitor, and is written into the INA. It's not specific to relatives of a USC.

The issue is a USC relative is a tie to the US, and having ties to the US makes overcoming that presumption more difficult.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
11 minutes ago, Jessjames14 said:

What is a I-94s?

Arrival/Departure records.

https://i94.cbp.dhs.gov/I94/

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted (edited)
27 minutes ago, Jessjames14 said:

Why do I need this? 

You said "am I supposed to have information (travel information/ return dates etc) recorded under my passport when I enter my information on the government website?"

The other user responded that the travel information is available via the I-94. Obviously a planned future departure date won't be there, but previous departures would be there as well as your current permitted duration of stay date.

The most recent I-94 is should also provided with the I-485 if you do AOS.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
1 hour ago, Jessjames14 said:

Why do I need this? 

It's explained that you need it in the guide for your situation:  

 

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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