I130/I485 Concurrent Filing - Already married

[Fahad S 0]

Let's consider the following hypothetical situation:

- USC / Canadian citizen married in Canada

- Canandian citizen visits USC Spouse in the USA. Canadian citizen enters the US on the Visa waiver program. Canadian citizen does not intend to immigrate to the US at time of entry

- Once in the US, the couple decide that they can no longer stay apart and the Canadian citizen decides to immigrate to the US

- The couple file a I-130 along with a I-485

Is there anything wrong with the above scenario? Is there anything that could prevent the Canadian citizen from gainining permanent residency in the US? Also, what further ramifications might this trigger?

[~Nini~ 2]

The scenario just doesn't sound right to me - after all, there are K3 visas for a reason. I'm not very familiar with concurrent filing, but the major issue that always comes up is proving intent. I'm not even sure if filing concurrently could apply in that particular situation considering the couple got married in Canada and not the US. It's easier to say that the non-USC came over on the VWP and then decided to get married, but how could the Canadian spouse prove that he/she didn't have any intention of immigrating prior to entry?

We were having this discussion about adjusting status today, something to mull over. It doesn't directly apply to your hypothetical situation, but there are a lot of valid points made there: http://www.visajourney.com/forums/index.php?showtopic=94085

Edited November 1, 2007 by Nini & Bee

[Kez/JWolf 6]

The scenario just doesn't sound right to me - after all, there are K3 visas for a reason. I'm not very familiar with concurrent filing, but the major issue that always comes up is proving intent. I'm not even sure if filing concurrently could apply in that particular situation considering the couple got married in Canada and not the US. It's easier to say that the non-USC came over on the VWP and then decided to get married, but how could the Canadian spouse prove that he/she didn't have any intention of immigrating prior to entry?

We were having this discussion about adjusting status today, something to mull over. It doesn't directly apply to your hypothetical situation, but there are a lot of valid points made there: http://www.visajourney.com/forums/index.php?showtopic=94085

See you duplicate post..... and yes it can be done this way....

Kez

[YuAndDan 153]

Duplicate post: http://www.visajourney.com/forums/index.php?showtopic=94167

[Fahad S 0]

The scenario just doesn't sound right to me - after all, there are K3 visas for a reason. I'm not very familiar with concurrent filing, but the major issue that always comes up is proving intent. I'm not even sure if filing concurrently could apply in that particular situation considering the couple got married in Canada and not the US. It's easier to say that the non-USC came over on the VWP and then decided to get married, but how could the Canadian spouse prove that he/she didn't have any intention of immigrating prior to entry?

We were having this discussion about adjusting status today, something to mull over. It doesn't directly apply to your hypothetical situation, but there are a lot of valid points made there: http://www.visajourney.com/forums/index.php?showtopic=94085

See you duplicate post..... and yes it can be done this way....

Kez

I was debating on this topic with someone and he claimed that this is possible. He's an extremely logical and intelligent individual and in all honesty I always have a good debate with him over various topics. He himself went through a similar situation, but in his case he got married in the U.S. and stayed and has been happily for 6 years now.

I just wanted to see if this had been done, as I kept telling him that there is no way that this is possible. This would completely circumvent the system. Anyhow, I don't think I'm convinced that this possible (at least w/o ramifications).

[Kez/JWolf 6]

I know 4 couples who have done what you are talking about.... 2 couples from th UK and 2 from Canada... they were all married before they entered the US.... they came on a visit and for whatever reason decided on the spur of the moment to remain... they all have been approved for their greencards with out any problems and 2 of the couples have just got their 10 year greencards after removing conditions and 1 of the couples is waiting for their oath ceremony to complete their citizenship.... none of them were even asked about their intent at entry and no comments were made about the fact they had been married before they entered the US....

But I would advise anyone to speak to a good immigration lawyer about their individual case before deciding to do this route...

Kez