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Filed: AOS (apr) Country: Canada
Timeline

Okay, I am freaking out. I was already quite nervous about the interview in 1 week, but now I am afraid we may have committed immigration fraud, unknowingly.

When we entered the country, as you probably know, my husband and I were already married. We had filed the I-130 from Canada. We also signed him up for school, applied him to several jobs, etc. because we were told he would have to stay in Canada and wait for his visa to come to US and adjust status. He didn't have a job in Canada, nor was he going to school, so that's what he decided to do. Obviously.

Okay. So then we came back to the US and at the POE we showed that my husband, Jay would be going back to Canada to attend school. They also seemed pleased that we had filed the I-130. We had a return bus ticket ((of which now we only have a letter stating that it could not be refunded)). They let us in.

A few days later I was talking with an admissions counselor and he said Jay could stay to adjust status from here. We were shocked. We went to the USCIS office in Des Moines and the lady said it was true. HOWEVER, I do not recall telling her that at the POE we told them he had planned to go back to Canada. And when we talked to the lawyer for our free 15 minutes, I cannot recall my husband telling her ((the lawyer)) that we had told the POE people that he'd be going back.

Tell me honestly, in your opinion, is this immigration fraud? We honestly thought we were doing the right thing, but now I'm not so sure. I'm terrified, actually. And my husband, who has not been nervous at all is now terrified, as well.

Sorry if this is repetitive. I'm just becoming more and more convinced that we're going to prison by the day. :(

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Filed: AOS (apr) Country: Canada
Timeline

Oh, and when I said "admissions counselor" I meant from the university I was transferring to, just to clarify, sorry.

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Filed: AOS (apr) Country: Canada
Timeline

UPDATE ON MY NERVOUS BREAKDOWN: Phoned an immigration attourney. She said: "As long as he came in legally, he's fine. You filed the I-130 before he came into the U.S., so you're okay. Once in the US you can adjust your status no matter what, if you were inspected at the POE. Because he came in legally, you are fine."

I feel slightly better. I wrote that down and put her name in case it comes up in the interview. I asked her repeatedly and explained our situation in detail, and she assured me we were fine.

Perhaps this info will be helpful to someone else, I don't know. Our case is weird.

Would you trust this info if you were me?

Another woman I called ((a paralegal)) said my husband got lucky by getting into the US with no passport or visa. But I don't think I said he was Canadian. Gah!

Any opinions? I could really use something. Thanks.

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Once in the US you can adjust your status no matter what, if you were inspected at the POE. Because he came in legally, you are fine.

While I have no reason to think that your *particular* situation is anything to worry about, I'm pretty sure this is misinfo from the attorney.

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

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good luck at the interview!!! let us know how it goes! :thumbs:

noone on this site is an immigration lawyer and really can't give you concrete advice regarding your very individual situation.

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Faith: not wanting to know what is true.~Nietzsche~

“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.”

~Winston Churchill~

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Ashley,

Please try to stop twisting yourself into a huge knot of anxiety. You and your husband will be ok during his interview. Just bring all the proof you have that Jay did not have any intent to immigrate during his last entry into the us. Your interviewing officer will probably be more focused on getting evidence that you and Jay have a valid/real marriage. Go over your evidence one more time and feel confident that you have sufficient proof of joined lives.

Don't make yourself sick by worrying too much. Remember, Jay needs you by his side during this interview.

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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Filed: AOS (apr) Country: Canada
Timeline
Ashley,

Please try to stop twisting yourself into a huge knot of anxiety. You and your husband will be ok during his interview. Just bring all the proof you have that Jay did not have any intent to immigrate during his last entry into the us. Your interviewing officer will probably be more focused on getting evidence that you and Jay have a valid/real marriage. Go over your evidence one more time and feel confident that you have sufficient proof of joined lives.

Don't make yourself sick by worrying too much. Remember, Jay needs you by his side during this interview.

Thank you. I needed to hear that. (L)

Also, in reference to someone else's post ((gosh, i can't remember your name, sorry!!!))...USCIS officer AND this attourney both said that if you are inspected at the POE you can adjust status in the US. So...I'm inclined to believe it. Now. Hehe. I was just worried.

Sorry to have such a freakout online, as it were. :blush:

Also, proof of our intent for Jay to return to Canada: receipt from University of Regina showing payment of entrance fee, faxed application from a doctor's office in Weyburn where Jay applied to see a doctor a few days before we left ((for when he got back)), notarized letter ((possibly)) from his mum stating she expected him back to Canada and understood our plans, as he was residing in her house. And a letter from Greyhound stating they could not refund our bus ticket ((which was for him to return to Canada)).

Good or no?? I guess as good as I've got. Thanks all for your replies. And again, sorry for being such a crazypants.

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Hi ashley......I am sure everything will go fine and I am sending along my best wishes........my husband and I also have an interview in Des Moines on April 13th.......it's a nerve wracking business lol.....I lay in bed at night and go over everything I need to take in my head....I think being nervous is just a common thing....please let me know how your interview goes........I am also from Canada.......good luck and best wishes! (F) p.s..............it's great to see another person from Des Moines here.......I thought I was the only one! :lol:

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Filed: AOS (apr) Country: Canada
Timeline
Hi ashley......I am sure everything will go fine and I am sending along my best wishes........my husband and I also have an interview in Des Moines on April 13th.......it's a nerve wracking business lol.....I lay in bed at night and go over everything I need to take in my head....I think being nervous is just a common thing....please let me know how your interview goes........I am also from Canada.......good luck and best wishes! (F) p.s..............it's great to see another person from Des Moines here.......I thought I was the only one! :lol:

Thanks! I will definitely let you know. There are more of us than you think! hehe. Search Des Moines on here and I think you'll be surprised. If that search doesn't work out to anything...take my word for it.

:whistle:

1st thing I do when I get home from the interview is get on VJ and let you all know what happened...in excrutiating detail. Haha. I'm a freelance writer currently, so that's what I do.

In closing, hooray for Canada! If this all goes up in smoke, we will be making the trek to the great North. Hehe. You know what I miss from Canada the most besides my in-laws, etc. :::: Canadian Tire Money. I just love that, I don't know why. I'm gonna go to Canada, save up my Canadian Tire Money and be the Queen! Haha. Ok...weirdness. I'm delirous from the massive mood swings of the day! :wacko:

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Filed: AOS (apr) Country: Canada
Timeline
HA HA........my husband loved the canadian tire money too......i laughed when i read what you said.....I wish I would hve kept some of it........I would have given it to you to enable your "queendom" sooner! lol

:lol:

I wish I would've saved some, too! Perhaps I can get my mother-in-law to send me some. She understands me. hehe. :thumbs:

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Filed: Citizen (apr) Country: England
Timeline

I just have to say I can't count how many times I heard along the way "This is incorrect, your attorney advised you wrongly on this matter. But do not worry about it because everything is fine." The only person who will make decisions is your USCIS officer and even then, you can get judgements reversed.

*hugs* you will get through this. You made it this far.

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Filed: AOS (apr) Country: Canada
Timeline
I just have to say I can't count how many times I heard along the way "This is incorrect, your attorney advised you wrongly on this matter. But do not worry about it because everything is fine." The only person who will make decisions is your USCIS officer and even then, you can get judgements reversed.

*hugs* you will get through this. You made it this far.

That is true. Thank you for that. What would I do without VJ??? (F)

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

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Filed: Citizen (pnd) Country: Canada
Timeline

Best of luck to you. :D

Try and stay calm.

Like many have said, things should be fine

PEGGY & ROGER

3dflagsdotcom_canad_2fawm.gif3dflagsdotcom_usa_2fawm.gif

K-1/K-2 VISA'S APPROVED IN MONTREAL MAY 2, 2005

K-1/K-2 AOS APPROVED IN ATLANTA MAY 17, 2006

10 year GC Approved - APRIL 16th ,2009 - Peggy and Jonathan's......

Still waiting for our cards...Had to file I-90 as they sent them to the wrong address.

March 9th, 2010, Received GC that has been lost in the mail for 10 months. Still waiting for my son's that is lost as well.

Filed Waiver for my son's 10 year GC and it was approved. He finally received his GC after its been missing for 2 years.

Thanking God this is over for 10 years.

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Filed: Citizen (apr) Country: Canada
Timeline

Ashley,

It's going to be all right. Yes, your husband didn't sail in via a K3 that was modified, but the immigration process is an arcane, elaborate process that you aren't guaranteed to know. You worked with what information you had -- and you've received cupfuls of it, some of it agreeing and some of it not.

; they don't displace and they d

*warmest hugs*

Hold it to your heart that yours is a bona fide relationship and there wasn't intend to commit fraud. There is a serious divide between what you and Jay did, and what others who maliciously try to break the system for a green card do. Vast miles separate the two of them, and honestly, you can demonstrate that you married in good faith, you entered into the US in good faith, and honestly didn't try to break any rules.

The fact Jay made it through the POE (at Montana?) demonstrates a few facts. One, the US customs and border security officials saw fit to allow him into the country knowing he was married to you. Two, he did not attempt to hoodwink the authorities and 'slip' through. Three, you both immediately contacted USCIS (the proper people) in Des Moines to get the 'right' information from them. Sure, it may not be perfect but I doubt that you would be denied on account of what was an honest mistake and an error that, had you been aware, you would've known about.

Good grief, looking back, we all can find errors we'd fix. (Me: DCF through Canada and a short, short, short turn around! -_-) There's only so much beating up you can do to your self-esteem before you move past. :) Consider this, advice given to me by a Canadian that came down and did what you and Jay did (and botched it up even worse; he crossed the border repeatedly (!) because he didn't know!). His attorney stated flatly that the US has a policy of keeping people already in the US put and keeping those outside the US out through the AOS proceedings. It's just the way things tend to work, it seems.

Now, you can honestly look in a mirror and say to yourself that you weren't trying to do anything 'wrong'. That's the simple truth of it. Hold onto that honesty and that vibe. You're going to do great, and it's probably going to be an experience that is a bit unnerving but otherwise far less worse than you expect. Heck, they know you a bit at Des Moines office, right? You can always point to the right people if you get very anxious, if you need. ;) A long shot, but it's there.

But you're going to do great. You have plenty, it sounds like, to build your case around. It's very hard not to resist being nervous, I'm sure (and I get to find out in two weeks...) but the two of you are a very real couple and you will prove that in being together. Have faith in that.

*hug* :)

-- Autumnal

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

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