Canadian Marrying American; Confused About AOS Process

[Yodrak 7]

Timothy Campbell,

Even when the answer to both questions is 'yes' it's no indication that you may experience the same result.

The devil is always in the details - the details of the situation, and the details of how the situation was presented. Two similar situations may not be identical, and two identical situations may not seem identical if presented differently.

Yodrak

People who give definitive advice on this issue are often acting on the edge of the VJ TOS with regard to promoting actions that are against the law.

Whenever somebody presents me with a theory about how to accomplish something, I ask two questions:

1) Did they personally try it?

2) Did it work?

If the answer to #1 is "No", I take their theory with a grain of salt.

I've also noticed that when people answer "Yes" to #1, they sometimes answer #2 with "Not yet". In such cases, I once again reach for the salt.

[John & Annie 0]

Timothy Campbell,

Even when the answer to both questions is 'yes' it's no indication that you may experience the same result.

The devil is always in the details - the details of the situation, and the details of how the situation was presented. Two similar situations may not be identical, and two identical situations may not seem identical if presented differently.

Yodrak

People who give definitive advice on this issue are often acting on the edge of the VJ TOS with regard to promoting actions that are against the law.

Whenever somebody presents me with a theory about how to accomplish something, I ask two questions:

1) Did they personally try it?

2) Did it work?

If the answer to #1 is "No", I take their theory with a grain of salt.

I've also noticed that when people answer "Yes" to #1, they sometimes answer #2 with "Not yet". In such cases, I once again reach for the salt.

You may also want to consider that this process is subjective. There is nothing analytical about this with the exception of filing the same forms.

[Nancy2015 2]

People who give definitive advice on this issue are often acting on the edge of the VJ TOS with regard to promoting actions that are against the law.

Yodrak

And what exactly is against the law?

[Yodrak 7]

Jewel,

Entering the USA as a non-immigrant with the intention of immigrating.

Yodrak

People who give definitive advice on this issue are often acting on the edge of the VJ TOS with regard to promoting actions that are against the law.

Yodrak

And what exactly is against the law?

[Nancy2015 2]

Jewel,

Entering the USA as a non-immigrant with the intention of immigrating.

Yodrak

People who give definitive advice on this issue are often acting on the edge of the VJ TOS with regard to promoting actions that are against the law.

Yodrak

And what exactly is against the law?

From what I see, the OP didn't do that. And since he's already here, he can't enter with a non-immigrant visa with the immigrant intent any more, unless he leaves the U.S. and re-enters as a visitor.

[Yodrak 7]

Jewel,

Yes, He's already here. He entered as a non-immigrant and wants to immigrate.

He would be wise to discuss his situation in a consultation with an attorney.

Yodrak

Jewel,

Entering the USA as a non-immigrant with the intention of immigrating.

Yodrak

People who give definitive advice on this issue are often acting on the edge of the VJ TOS with regard to promoting actions that are against the law.

Yodrak

And what exactly is against the law?

From what I see, the OP didn't do that. And since he's already here, he can't enter with a non-immigrant visa with the immigrant intent any more, unless he leaves the U.S. and re-enters as a visitor.

[Timothy Campbell 0]

Entering the USA as a non-immigrant with the intention of immigrating [is against the law].

As somebody mentioned earlier, only I can know, in my heart, what my intention was.

Here's what I know: I was a 49 year old bachelor who had lived alone since age 16. When I came down here in May 2007, I found it only barely conceivable that I would marry K. I figured I'd miss my relative freedom, or she would find my ingrained habits intolerable. On top of that, I had not had much time to get to know K off the net -- just a heavily chaperoned visit lasting two weeks in February 2007.

I was neither hopeful nor pessimistic. However, before I left Canada I shared a prediction with K: before the end of the first week, either she'd toss me out the window, or I'd jump. (She later joked that she got an apartment with small windows to make this less likely.)

Two months later, I was still there. K and I both had learned to live with one another -- we called these changes "accommodations".

During the marriage ceremony, as K was repeating the vows to me, tears came to my eyes. I never thought I'd hear somebody saying those words to me.

Yet she did!

[rebeccajo 14]

OMG....I don't read much on here that makes tears come to my eyes but that post so seriously did!

Many congratulations Timothy and K!

[KarenCee 3]

Entering the USA as a non-immigrant with the intention of immigrating [is against the law].

As somebody mentioned earlier, only I can know, in my heart, what my intention was.

Here's what I know: I was a 49 year old bachelor who had lived alone since age 16. When I came down here in May 2007, I found it only barely conceivable that I would marry K. I figured I'd miss my relative freedom, or she would find my ingrained habits intolerable. On top of that, I had not had much time to get to know K off the net -- just a heavily chaperoned visit lasting two weeks in February 2007.

I was neither hopeful nor pessimistic. However, before I left Canada I shared a prediction with K: before the end of the first week, either she'd toss me out the window, or I'd jump. (She later joked that she got an apartment with small windows to make this less likely.)

Two months later, I was still there. K and I both had learned to live with one another -- we called these changes "accommodations".

During the marriage ceremony, as K was repeating the vows to me, tears came to my eyes. I never thought I'd hear somebody saying those words to me.

Yet she did!

Amazing...how that one sentence moved my own heart yet again as this was my thought when my husband and I were saying our vows. I never thought anyone would love me this much. But he did!

Congratulations Timothy and K...and may your marriage be a blessed one.

[Peggy 1]

What a wonderful story of love.

Congrats on your wedding

[jw07 0]

Man,i'm confused. All this talk about wether to tick off "A" or "H" .....When filling out my papers, i posted the same question,as i was unsure- and i was advised to checkmark "H" and use the space alotted for a brief description as to why i am eligible for such.I put " I entered as a visitor with no intention of immigration,however after my entry my now husband and i decided to marry.He is filing an I-130 petition (enclosed) for which i wish to receive an adjustment of status so that we can stay together" ..now i'm learning i should have put "A".Yes,they definately need to change the wording on this form. I hope this won't be a problem for me.

Aside from that issue,i'm fairly confident that i got everything else right. Timothy,if you have any further questions,feel free to message me as you and i are basically in the same boat- a tourist adjusting status through marriage.Although i'm from Kelowna...Toronto? brrrr....though,now that i'm in Chicago,i have to laugh when people say to me - "so,your from Canada,EH? So cold there!" And i tell them that Chicago winters are 10 times worse than anything i've ever experienced in BC!

[Dr_LHA 3]

Don't worry too much, I'm sure many people tick "H" by mistake and still get AOS approved (I did!). Sorry you got some bad advice. I try to tell everyone on here that they should tick "A" (after getting it explained to me in detail by a USCIS officer!), but I can't catch every thread. Perhaps we need to put it in the guide.