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Donia

What is how we filed called?

By Donia in K-3 Spouse Visa Process & Procedures

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Donia Rookie

Donia   0

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Filed: AOS (apr) Country: Canada
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This is an odd question, I know, but here it is. My Canadian husband and I met, fell in love, and were married all within his 6 month limit while he was visiting family here in Texas. I don't really have any immigration questions, because we have done all of that already, but I am researching for a friend and I can NOT find any real information about what we did. I'm sure that it's very rare that it actually happens like that, and we did have to prove that he did not come to the US with the intent of getting married, but what is it CALLED when you immigrate that way? When there was never any Visa involved? Am I making any sense? :blink:

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JanaknJanet Proficient

JanaknJanet   0

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Filed: Country: India
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I believe what you are referring to is....

Filing for Adjustment of status... while in USA... based on spouse .. marriage occurring without pre-intention of immigrating.

What the both of you did... was ok.. basically . if indeed you met.. when he was visiting while here for other reasons. As long as he remains here. he is entitled to file for AOS... if he leaves then the two of you will need to file for a CR1.

Congratulations... and best of luck...

Just remember... he will need to remain here in USA.. until his status is cleared... and is given his greencard...

Where the problem usually arises.. is .. this.

when someone comes to usa.. with intentions of staying... and marrying..

If the person comes to usa without intentions of staying .. then.. falls in love blatyblatybla.... it is ok to remain here and file for aos... but if he comes.. stays.. with knowing that the intentions are to stay.. that is a big nonononnonononono

Love isn't love unless it is expressed;

caring isn't caring unless the other person knows;

sharing isn't sharing unless the other person is included

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Donia Rookie

Donia   0

Posted
Filed: AOS (apr) Country: Canada
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I believe what you are referring to is....

Filing for Adjustment of status... while in USA... based on spouse .. marriage occurring without pre-intention of immigrating.

What the both of you did... was ok.. basically . if indeed you met.. when he was visiting while here for other reasons. As long as he remains here. he is entitled to file for AOS... if he leaves then the two of you will need to file for a CR1.

Congratulations... and best of luck...

Just remember... he will need to remain here in USA.. until his status is cleared... and is given his greencard...

Where the problem usually arises.. is .. this.

when someone comes to usa.. with intentions of staying... and marrying..

If the person comes to usa without intentions of staying .. then.. falls in love blatyblatybla.... it is ok to remain here and file for aos... but if he comes.. stays.. with knowing that the intentions are to stay.. that is a big nonononnonononono

Right...this was years ago and he already has his green card...we're waiting for the I-751 to be processed right now. I just could not find any information at all on our process. I'm not quite sure how I figured it out in the first place when we met...see what marrying a Canadian did to me? Turned my brain to mush... :lol:

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raymaga Mentor

raymaga   25

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Filed: K-1 Visa Country: Canada
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There is no name for what you did.

If someone you know is hoping to do the same as you did intending to stay before they even arrive in the U.S., that would be visa fraud, because they would be making a conscious decision to come to the U.S., marry a U.S. citizen, and remain in the U.S. to file AOS.

The only way what you did is legal, is if you enter the U.S. with no intention of marrying a U.S. citizen, then decide to marry spur of the moment, and adjust status after marriage.

It would be nice if immigrating to the U.S. to be with our loved one was as easy as just coming to the U.S., then marrying our spouses, without having to apply for any visas, but it isn't quite that simple.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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Donia Rookie

Donia   0

Posted
Filed: AOS (apr) Country: Canada
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  • Author
Posted
There is no name for what you did.

If someone you know is hoping to do the same as you did intending to stay before they even arrive in the U.S., that would be visa fraud, because they would be making a conscious decision to come to the U.S., marry a U.S. citizen, and remain in the U.S. to file AOS.

The only way what you did is legal, is if you enter the U.S. with no intention of marrying a U.S. citizen, then decide to marry spur of the moment, and adjust status after marriage.

It would be nice if immigrating to the U.S. to be with our loved one was as easy as just coming to the U.S., then marrying our spouses, without having to apply for any visas, but it isn't quite that simple.

Yes, I am aware of that. I am researching the information to show them that it IS fraud and that since they have been engaged for some time, it would not be legal. What we did WAS legal because we barely knew each other...in fact, I was dating someone else when we met and we were able to prove to immigration that it WAS a spur of the moment marriage and that he entered the US with no intention of marrying. You seem to have a bit of a negative tone in your post. If we were able to prove our case to immigration, which we did, wouldn't that show you that we DID do everything legally?

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