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?

[Kez/JWolf 6]

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?

You could be asked at AOS interview for proof that intended to return after you visit.... and you should not leave the US until you have your Greencard in hand.... This has been done many many times by people from canada and other VWP countries.... As long as there was no intent at entry you should not have any major issues....

Kez

[YuAndDan 153]

You may want to read the guides:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

They can be quite critical at the AOS interview especially if married BEFORE visiting on the USA.

[pushbrk 12,877]

You may want to read the guides:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

They can be quite critical at the AOS interview especially if married BEFORE visiting on the USA.

People fairly frequently marry on the spur of the moment in the USA and successfully adjust status but you are talking about married people just deciding they prefer to skip the appropriate immigration process. I don't think so. If Kez knows somebody who has done this, I'd be very surprised. It's really off the wall, IMO.

[Fahad S 0]

You may want to read the guides:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

They can be quite critical at the AOS interview especially if married BEFORE visiting on the USA.

People fairly frequently marry on the spur of the moment in the USA and successfully adjust status but you are talking about married people just deciding they prefer to skip the appropriate immigration process. I don't think so. If Kez knows somebody who has done this, I'd be very surprised. It's really off the wall, IMO.

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).

[Rach 0]

Hi all,

My situation is I arrived here on a tourist visa in early October to visit my boyfriend, whom I have been on a long distance relationship with for nearly three years now. We recently thought now is the right time to tie the knot but we were told we should only do so after three months of my arrival and apply for AOS/ EAD/ AP.

Most lawyers I consulted via emails so far warned me about getting married this way except one - she said it would only take four months to get the AOS approved, the EAD and AP which will allow me to travel mid next year.

Anyone has any comment on the above or any idea how the AOS timeline is like these days?

Why wanting to be together with your loved one is so difficult?!?!?! Hmmmm...

Any advice or experience sharing would be much appreciated!

Stay warm,

Rach

You may want to read the guides:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

They can be quite critical at the AOS interview especially if married BEFORE visiting on the USA.

People fairly frequently marry on the spur of the moment in the USA and successfully adjust status but you are talking about married people just deciding they prefer to skip the appropriate immigration process. I don't think so. If Kez knows somebody who has done this, I'd be very surprised. It's really off the wall, IMO.

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).

[pushbrk 12,877]

As long as you didn't already have intent to marry and stay here at the time you last entered, you fit the criteria for marriage and status adjustment. There is no actual minimum time between entry and marriage but anecdotally, it is easier to convince and adjudicator the decision was made after arrival, if the marriage actually takes place later rather than sooner. EAD and AP are generally granted within three months of filing but there is no telling how long your AOS will take to complete. It could be three months or longer or much longer.

Hi all,

My situation is I arrived here on a tourist visa in early October to visit my boyfriend, whom I have been on a long distance relationship with for nearly three years now. We recently thought now is the right time to tie the knot but we were told we should only do so after three months of my arrival and apply for AOS/ EAD/ AP.

Most lawyers I consulted via emails so far warned me about getting married this way except one - she said it would only take four months to get the AOS approved, the EAD and AP which will allow me to travel mid next year.

Anyone has any comment on the above or any idea how the AOS timeline is like these days?

Why wanting to be together with your loved one is so difficult?!?!?! Hmmmm...

Any advice or experience sharing would be much appreciated!

Stay warm,

Rach

You may want to read the guides:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

They can be quite critical at the AOS interview especially if married BEFORE visiting on the USA.

People fairly frequently marry on the spur of the moment in the USA and successfully adjust status but you are talking about married people just deciding they prefer to skip the appropriate immigration process. I don't think so. If Kez knows somebody who has done this, I'd be very surprised. It's really off the wall, IMO.

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).