Adjustment of Status

[warlord 73]

Basically:

1. You will be denied entry if INS at the border finds out you are just comming over to marry. You may even get a ban placed upon you. They are good at finding out things people hide when crossing. So if you were able to decieve them and get across then yes you can marry and apply for AOS. At the GC interview, they will ask how you met, got married etc. They do have a standard of amnesty then so quite often that gets applied and they will allow the Green Card process to happen, but not in all cases. So you could be finding the interview part to be an issue when it comes up.

2. (can't see the original question) but you cannot leave the US until you get your AP. This is not your Green Card. The Green Card comes later. It's the AP that allows you to re-enter the US. If you are filing the AOS process this is one of the documents you are filling out along with the EAD...

Edited November 1, 2007 by warlord

[Kez/JWolf 6]

THERE IS NOTHING ILLEGAL ABOUT COMING TO THE US ON A TOURIST VISA OR VWP FOR A VACATION AND THEN AFTER YOU ARE HERE YOU DECIDED TO GET MARRIED AND REMAIN.....

IT IS ILLEGAL TO PLAN TO COME TO THE US ON A TOURIST VISA/ VWP WITH THE INTENT OF GETTING MARRIED AND REMAINING....

There are 1000's of people that do AOS from a tourist visa / vwp every year.... it comes down to when did you decide to remain in the US.... BEFORE or AFTER entry....

Everyone I have spoken to that has done AOS after getting married and filling for AOS say that they were never asked about intent at their interview....

As for all the mis-info about not being able to work for years.... NOT TRUE..... your AOS will be processed in the same timeframe as anyone else.... your EAD should take no longer than 90 days... you can apply for a SSN as soon as you have your EAD and the only people who should not leave the US until they have their greencard are those who entered on a VWP because you give up your right to appeal if you are refused re-entry...

Kez

[Reba 2]

How exactly is it "misinformation" if we actually know someone it happened to?

I DO know of someone (a Canadian) who came to the US as a tourist, got married, applied for AOS, was denied AP and EAD until her AOS was completed about 2.5 years later. And I've read of a few other cases similar as well, some were denied just AP, some denied both AP and EAD, some received both with no question, and had their green card faster. Some have been through this forum at VJ, and some I've seen at other Can/Am forums. Some I've known through personal acquaintances.

Kez, I understand that you entered the US as a tourist, got married and successfully adjusted status, congratulations to you. However this is not necessarily the case for each and every person who does so. Each and every person must decide for themselves what avenue will be best for them to pursue, and it is much easier for them to make an educated decision if they have information about all possibilities.

[misa 2]

I don't think anyone here is arguing the legalities of coming as a visitor with no intent to stay and later after entry deciding to get married and stay.

[Kez/JWolf 6]

I agree that each person has to make a choice based on the information available to them.... I am just making sure that they know it can be done and done legally.... are you 100% sure that in the cases you quote that EAD and/or AP was delayed or denied because the applicant has filed for AOS from a tourist visa or any other non-immigrant visa.... there is nothing in either case law or the adjudicators manual that indicate entry on a tourist/vwp visa as a reason to delay or a denial for EAD and/or AP.... there are lots of other reasons for that to happen... like failure to submit initial evidence being one...

The only denials I have ever seen for people who have done AOS fron a tourist/Vwp visa have been because they were found out about having had intent on entry at their interview....

If you have other evidence to show that people were denied AOS or EAD just because they entered on a tourist visa/VWP or non-imigrant visa then please provide links so people can read it...

Kez

[MissStacey 1]

We got married in the US and filed the I 130.

I went to Canada for what I thought was going to be a 2 week visit- I was denied entry back to the US and was told I would have to stay in Canada until I have my Visa.

I remember phoning Mel from the Airport- I told him the Customs guy said it would take about a month- he said when my I 130 is approved I needed to take it to Calgary and they would stamp it and I would be free to go. At that time me and Mel were pretty clueless about immigration. I struggled for the next few months trying to find out what we do next- I was getting conflicting advice from everyone I talked to. It wasn't until I found VJ that I really found the help I needed.

It was a tough 10 months (my K3 only took 5 months, but it took a while for us to make the decision to file for it) and I only saw Mel for 4 days during that time but I have to say I am really glad I did go through the Visa process in Canada. If I hadn't made that trip and stayed in the US- I honestly don't know if I would have ran into any problems. I didn't enter the US with the intention of staying but If I needed to show proof of this, I'm really not sure how I would have. Plus getting all the papers together I needed- extra Birth Certificates, Divorce Certificates, Police Certificates, etc was so much easier to get while I was in Canada.

[warlord 73]

THERE IS NOTHING ILLEGAL ABOUT COMING TO THE US ON A TOURIST VISA OR VWP FOR A VACATION AND THEN AFTER YOU ARE HERE YOU DECIDED TO GET MARRIED AND REMAIN.....

IT IS ILLEGAL TO PLAN TO COME TO THE US ON A TOURIST VISA/ VWP WITH THE INTENT OF GETTING MARRIED AND REMAINING....

No there isn't, however, if your intent is really marriage and you get asked questions at the border, many people might then become nervous when the officer asks things like "Do you know anyone in the US", "Who are you staying with", "Oh your SO, are you guys going to plan to get married?" etc.

So in the situation of those types of questions that many times will get asked, then unless you can lie straight out without arising any suspescion (sp?) then you probably can get away with it. For most cases people will get nervous under that pressure and the truth generally will come out of the real intention and then you are caught and exposed which will make things a lot harder to cross the border even for a visit in the future until you actually get a visa in hand...

[Krikit 1,164]

If you have other evidence to show that people were denied AOS or EAD just because they entered on a tourist visa/VWP or non-imigrant visa then please provide links so people can read it...

Just as a point of clarification..... Canadians don't require a visa to enter the United States.

[trailmix 77]

The only denials I have ever seen for people who have done AOS fron a tourist/Vwp visa have been because they were found out about having had intent on entry at their interview....

Kez

I might be missing a post or something but I don't know who you are directing your comments to? I think it was made clear very early on in this thread that it was about intent - not about whether you get married then do AOS or enter on a temp visa and get married.

I'm not saying this to be argumentative or confrontational I am confused about where you are picking this up from.

Edited November 1, 2007 by trailmix

[Kez/JWolf 6]

Sorry I should have put the quote in there too....

How exactly is it "misinformation" if we actually know someone it happened to?

I DO know of someone (a Canadian) who came to the US as a tourist, got married, applied for AOS, was denied AP and EAD until her AOS was completed about 2.5 years later. And I've read of a few other cases similar as well, some were denied just AP, some denied both AP and EAD, some received both with no question, and had their green card faster. Some have been through this forum at VJ, and some I've seen at other Can/Am forums. Some I've known through personal acquaintances.

Kez, I understand that you entered the US as a tourist, got married and successfully adjusted status, congratulations to you. However this is not necessarily the case for each and every person who does so. Each and every person must decide for themselves what avenue will be best for them to pursue, and it is much easier for them to make an educated decision if they have information about all possibilities.

I agree that each person has to make a choice based on the information available to them.... I am just making sure that they know it can be done and done legally.... are you 100% sure that in the cases you quote that EAD and/or AP was delayed or denied because the applicant has filed for AOS from a tourist visa or any other non-immigrant visa.... there is nothing in either case law or the adjudicators manual that indicate entry on a tourist/vwp visa as a reason to delay or a denial for EAD and/or AP.... there are lots of other reasons for that to happen... like failure to submit initial evidence being one...

The only denials I have ever seen for people who have done AOS fron a tourist/Vwp visa have been because they were found out about having had intent on entry at their interview....

If you have other evidence to show that people were denied AOS or EAD just because they entered on a tourist visa/VWP or non-imigrant visa then please provide links so people can read it...

Kez