Adjustment of Status

[Reba 2]

I think however that if you are denied your adjustment from a tourist/visitor status that there is no appeal process. You're denied, and you're deported. That is IF they deem that you arrived with intent to stay. I'm sure most of the time they know that was the intent, but really what's the point in denying an adjustment, if the marriage is bonafide and not for the soul purpose of obtaining a green card.

Fraudulent marriages of Canadians to USC's are less than from other countries, so they are probably given a bit more lee-way at interview.

However, I wouldn't recommend it to anyone myself even in passing. Depending on how long an adjusment application can take in some areas of the US, the person could be stuck here for more than a year, unable to work or to travel. I've known of more than one person whose been stuck for nearly 3 years because USCIS denied their application for AP. I couldn't handle that. No way.

[misa 2]

I definitely apologize for being vague

No worries! I just wanted to clarify because I know that there's a lot of people here (not necessarily in the Canada forum) on VJ who think that getting married in the U.S. is fraudulent without a K1. And even worse there have been people who have advised others that it's "illegal" to get married in the U.S. without a K1... not true!

[misa 2]

I think however that if you are denied your adjustment from a tourist/visitor status that there is no appeal process. You're denied, and you're deported. That is IF they deem that you arrived with intent to stay. I'm sure most of the time they know that was the intent, but really what's the point in denying an adjustment, if the marriage is bonafide and not for the soul purpose of obtaining a green card.

RIGHT! I forgot about that bit. I do believe that if you enter on the VWP (which Magnolia's friend did from Germany) you give up your right to appeal. I'm sure that goes also for Canadians. Thank you for pointing that out.

[trailmix 77]

Yes, veryyyy interesting.

And I agree Misa, we also pondered just moving and then doing AOS - I mean it crosses your mind, however we have all our stuff (which we would have sent for later) and our cat etc etc and it would be horrible to quit your job and pack up the litter box and then get to the border and be turned back.

In fact I asked this question at the consulate, she said they might let you cross the border, but they might not - that kind of made that decision easy.

[misa 2]

I just pictured myself with 3 cats and a dog or Kathryn with her 6 cats crossing the border... "oh no, we're just visiting!".

I did have others advise me "just move there" or "just say you're visiting, you're from Canada" and I'm like, "Errr, I don't think so." Funny, almost the comments about "just move there" were from USCs!

Edited October 31, 2007 by misa

[Emancipation 2]

I definitely apologize for being vague

No worries! I just wanted to clarify because I know that there's a lot of people here (not necessarily in the Canada forum) on VJ who think that getting married in the U.S. is fraudulent without a K1. And even worse there have been people who have advised others that it's "illegal" to get married in the U.S. without a K1... not true!

Good point.. It was in my head.. but it didn't come out my fingers..

But I will again state that I am a Canadian and I know nothing

[~Nini~ 2]

I did have others advise me "just move there" or "just say you're visiting, you're from Canada" and I'm like, "Errr, I don't think so." Funny, almost the comments about "just move there" were from USCs!

Oh, tell me about it. Bee's family kept nagging at us - "Why doesn't she just move here?" That didn't last very long

[Reba 2]

I just pictured myself with 3 cats and a dog or Kathryn with her 6 cats crossing the border... "oh no, we're just visiting!".

I did have others advise me "just move there" or "just say you're visiting, you're from Canada" and I'm like, "Errr, I don't think so." Funny, almost the comments about "just move there" were from USCs!

Most USCs and Canadians still think that if you marry you're automatically a citizen, and don't have to go through all the immigration #######. They know nothing of the visa process, or obtaining a green card etc etc etc...

[Marilyn. 340]

Yes, veryyyy interesting.

And I agree Misa, we also pondered just moving and then doing AOS - I mean it crosses your mind, however we have all our stuff (which we would have sent for later) and our cat etc etc and it would be horrible to quit your job and pack up the litter box and then get to the border and be turned back.

In fact I asked this question at the consulate, she said they might let you cross the border, but they might not - that kind of made that decision easy.

that is what happened to me at the beginning of our journey back in November 2002... we got some bad advice from a lawyer.. they told us to just come over and get married and then adjust status....

my hubby wanted me to take my car down so I packed it up, (in hindsight with a little too much stuff) ....

anywho, at the border they asked me the usual questions and I answered not entirely truthfully (yeah, I am stupid ) the border guard sensed that I wasn't telling the truth and sent me inside where I as questioned some more and then I was sent into this other room and sat there for at least an hour or more...

when someone finally came I told a half truth... I said I was planning on going down to be with my boyfriend and that we wanted to see if it would work out and that if it did we would get married....

I was then told that I was banned from the US for one year... then they took me to get my picture and fingerprints taken.... I guess the guys in there didn't have a lot to do because there was about 5 guys standing around while all this was happening , I felt very small.... I was in total shock when this was all happening...

they sent me on my way back to Canada and that is when I started crying... when I got home I had to call up my hubby (boyfriend at the time) and tell him what happened... I really thought he would dump me or something.... he was upset and basically hung up but he called me back the next day and said we would work something out... and that he still wanted to be with me

he came up to visit me a bunch of times during that year and then we got married in March 2004 and started the visa process and I moved here the right way in April of 2005...

the only time the incident came up during the interview was when the guy asked me if I had any other problems besides the one back in 2002 and I said no and then at the POE the grouchy guy there said to me " so you were planning on moving to the US" I got scared because I thought he was going to deny my visa

Edited October 31, 2007 by MarilynP

[LadyJane 1]

When we asked our local USCIS office about this issue, because we were new to the immigration process, we were told that "alot of people get away with that" in regards to coming here on a visitor visa and adjusting status from that. We took that to mean that the USCIS considers AOS from a visitor visa on really shaky ground. We decided to not risk it, and my husband needed to go back to Montreal for his thesis work, so we went the CR1 route.

I also responded to that post. It sounded to me that there was intent to marry.

[trailmix 77]

I also responded to that post. It sounded to me that there was intent to marry.

That's the thing and why I posted here. As Misa mentioned, intent to marry is ok but it sounds like they had full intention of her remaining there.

However it seems every time someone posts that same question, someone else always says, sure, no problem, adjust status and good luck!

Which I guess works well for a lot of people and not so well for others

[Caladan 19]

Just to clarify a few statements here, there is nothing fraudulent about entering with intent to marry -- it's the intent to stay that's the issue.

Absolutely right; it's just that intent to marry is often seen as a proxy for intent to stay.

I think however that if you are denied your adjustment from a tourist/visitor status that there is no appeal process. You're denied, and you're deported. That is IF they deem that you arrived with intent to stay. I'm sure most of the time they know that was the intent, but really what's the point in denying an adjustment, if the marriage is bonafide and not for the soul purpose of obtaining a green card.

Fraudulent marriages of Canadians to USC's are less than from other countries, so they are probably given a bit more lee-way at interview.

However, I wouldn't recommend it to anyone myself even in passing. Depending on how long an adjusment application can take in some areas of the US, the person could be stuck here for more than a year, unable to work or to travel. I've known of more than one person whose been stuck for nearly 3 years because USCIS denied their application for AP. I couldn't handle that. No way.

I think you'd be able to work, because you file for the EAD based on your marriage to the USC, not on having entered on a K-1. (This might differ for K-3s.)

[misa 2]

Absolutely right; it's just that intent to marry is often seen as a proxy for intent to stay.

True. I guess I wanted to stress it because I've seen in the K3 forum people inquiring about marrying on a visit but going back to their home country afterwards and then filing for the K3. It's usually a short matter of time where someone pipes in that it's "illegal" which it's totally not.

As for the EAD part, they should be able to work after approval but are there cases where security checks or "investigation" have delayed EAD?

Edited October 31, 2007 by misa

[bradcanuck 1]

Yes as per a previous reply I'd like to also add: I have been unable to work for 8 months. I can't travel, so I have only seen my family twice in the last year and a half. It's been rough.

[Reba 2]

They don't always approve the EAD based on AOS from a tourist/visitor status though. Most of the time yes, I suppose they do. But again, I have known of women who could not work for several years until their AOS was completed. So you just never know, and IMO, its just better to wait out one or another of the processes in Canada.