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Filed: Citizen (apr) Country: China
Timeline
Posted
Hi - my new wife and I need some help please. Here is the situation:

We were married in France on 9/1/07 and both came back to the US (I am a US citizen) two days after. My wife was granted a tourist visa following over an hour of questioning by US immigration officials who challenged her intent on entering the country. They told her that she had traveled back and forth from France too many times (4) in one year. She had come to visit me on four seperate occassions this year. At the end of the interrogation, the officer said she should absolutely return to France at the end of her tourist visa and hire a good lawyer. She is here with me now in the US. We would prefer if she did not have to return to France throughout this process.

We are ready to file for a Green Card, but need some advice as the best route. I have been advised that we will need to convince immigration that she came in intending to return to France, but that she had "changed her mind" and now wanted to stay here in the US permanently.

Does anyone have any feedback/advice on this course of action? Do we absolutely need a lawyer to go through this process? What is the worst that can happen in this case if we file the paperwork successfully and then something goes wrong during the interview?

Thanks for any help.

8K is still pricey, but in this case, entering the USA in a tourist visa After marriage and attempting to adjust is clearly a case of visa miss use, so the lawyer is anticipating the case to end up in immigration court.

Why not just file the I-130 and apply for the correct CR-1 visa?

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Timeline
Posted
Hi - my new wife and I need some help please. Here is the situation:

We were married in France on 9/1/07 and both came back to the US (I am a US citizen) two days after. My wife was granted a tourist visa following over an hour of questioning by US immigration officials who challenged her intent on entering the country. They told her that she had traveled back and forth from France too many times (4) in one year. She had come to visit me on four seperate occassions this year. At the end of the interrogation, the officer said she should absolutely return to France at the end of her tourist visa and hire a good lawyer. She is here with me now in the US. We would prefer if she did not have to return to France throughout this process.

We are ready to file for a Green Card, but need some advice as the best route. I have been advised that we will need to convince immigration that she came in intending to return to France, but that she had "changed her mind" and now wanted to stay here in the US permanently.

Does anyone have any feedback/advice on this course of action? Do we absolutely need a lawyer to go through this process? What is the worst that can happen in this case if we file the paperwork successfully and then something goes wrong during the interview?

Thanks for any help.

8K is still pricey, but in this case, entering the USA in a tourist visa After marriage and attempting to adjust is clearly a case of visa miss use, so the lawyer is anticipating the case to end up in immigration court.

Why not just file the I-130 and apply for the correct CR-1 visa?

YuandDan.... please show us the link to the law that says you can not file for I-130 and AOS if you were already married..... because after 2 + years of research I have never seen such a law....

If you enter the US without the intent to remain and you then change your mind you can file for AOS along with I-130.... you may be asked about your intent at entry but you may not.... it has nothing what so ever to do with when or where you were married.....

To the OP 8k is a very large fee.... I f you feel you need a lawyer then shop around and get more prices.... or have a 1 hour consult at a set fee then do the rest yourself.... that is what we did and the good people of VJ are always here to help with questions about form filling.....

Kez

Posted

I am not sure if there are any specials rules that applies to your particular situation. However I do believe that 8K is an excessive amount to pay for the AOS procedure through an attorney. I am in the New York area and I did shop around before I selected an attorney. My situation is that I had been out of status for a year before I filed for AOS. I was giving quotes between $900 to $3000 for my case. I did go with the attorney who charged $900 and I am pleased with the service. So I would shop around or even go to a free consult if you can get one.

Hi - my new wife and I need some help please. Here is the situation:

We were married in France on 9/1/07 and both came back to the US (I am a US citizen) two days after. My wife was granted a tourist visa following over an hour of questioning by US immigration officials who challenged her intent on entering the country. They told her that she had traveled back and forth from France too many times (4) in one year. She had come to visit me on four seperate occassions this year. At the end of the interrogation, the officer said she should absolutely return to France at the end of her tourist visa and hire a good lawyer. She is here with me now in the US. We would prefer if she did not have to return to France throughout this process.

We are ready to file for a Green Card, but need some advice as the best route. I have been advised that we will need to convince immigration that she came in intending to return to France, but that she had "changed her mind" and now wanted to stay here in the US permanently.

Does anyone have any feedback/advice on this course of action? Do we absolutely need a lawyer to go through this process? What is the worst that can happen in this case if we file the paperwork successfully and then something goes wrong during the interview?

Thanks for any help.

8K is still pricey, but in this case, entering the USA in a tourist visa After marriage and attempting to adjust is clearly a case of visa miss use, so the lawyer is anticipating the case to end up in immigration court.

Why not just file the I-130 and apply for the correct CR-1 visa?

YuandDan.... please show us the link to the law that says you can not file for I-130 and AOS if you were already married..... because after 2 + years of research I have never seen such a law....

If you enter the US without the intent to remain and you then change your mind you can file for AOS along with I-130.... you may be asked about your intent at entry but you may not.... it has nothing what so ever to do with when or where you were married.....

To the OP 8k is a very large fee.... I f you feel you need a lawyer then shop around and get more prices.... or have a 1 hour consult at a set fee then do the rest yourself.... that is what we did and the good people of VJ are always here to help with questions about form filling.....

Kez

Posted
For any of you with any prior experience with immigration attorneys, do you think $8k is too much?

Please see my prior posts for full story on our case.

Thanks

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: Citizen (apr) Country: France
Timeline
Posted

Wife was already in the country as a student. Our attorney charged us $2200 for our AOS. Too pricey in my opinion.

Our AOS Timeline

06/16/07 -- Our Wedding

06/26/07 -- AOS sent by attorney

07/02/07 -- Receipt of Documents by USCIS

08/01/07 -- Biometrics Completed

08/05/07 -- "Touched"

09/07/07 -- EAD Card Production Ordered!

01/29/08 -- AOS Interview - APPROVED!! [Verbally]

02/06/08 -- Welcome EMail Received

02/11/08 -- Card Production Ordered

02/19/08 -- Card Received!

Our ROC Timeline

11/05/09 -- Initial meeting with attorney to file Removal of Conditions

11/11/09 -- ROC sent by attorney

01/05/10 -- Biometrics Completed

02/16/10 -- Approval

Citizenship

06/13/11 -- N-400 sent by attorney.

06/24/11 -- NOA

07/15/11 -- Biometrics Completed

08/25/11 -- Interview APPROVED

08/31/11 -- Oath Taken! Now a US Citizen!

Passport

09/06/11 -- Passport Application submitted.

09/21/11 -- Passport Book Received!

09/23/11 -- Passport Card and Certificate of Naturalization received.

09/25/11 -- Life after USCIS begins.

av-37579.gif

Be me a little...

Filed: Timeline
Posted
For any of you with any prior experience with immigration attorneys, do you think $8k is too much?

Please see my prior posts for full story on our case.

Thanks

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Kez

Filed: K-1 Visa Country: Russia
Timeline
Posted

$8K is outrageous not matter how complicated the case.

Jeffery AND Alla.

0 kilometers physically separates us!

K-1 Visa Granted... Wednesday, 21 May 2008

Alla ARRIVED to America... Wednesday, 12 November 2008

russia_a.gif Алла и Джеффри USA_a.gif

AllaAndJeffery.PNG

Filed: K-1 Visa Country: Ukraine
Timeline
Posted
For any of you with any prior experience with immigration attorneys, do you think $8k is too much?

Please see my prior posts for full story on our case.

Thanks

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Kez

Haole is right, think about it. I would assume he is making that statement based on the fact that the POE officer point blank flagged this tourist visa user and told them to go back and file proper forms, not sure how much more precise and clear it has to be. Haole is right it is very borderline at best, based on the actions that have been taken, even POE officers questioned it. I have yet to see in the law where it says INTENT does not matter. And speaking from experience you are made to take an oath that you will not immigrate or overstay on a tourist visa, that I do know. Yet some have obviously circumvented waiting on a K1 or K3 filed at US embassy by just going on to the USA on a tourist visa, then suddenly falling in love and changing their mind, which if a person can live with that and looking over their shoulder the rest of their life worrying or wondering if they will ever get caught then fine, go for it.

Filed: Timeline
Posted
For any of you with any prior experience with immigration attorneys, do you think $8k is too much?

Please see my prior posts for full story on our case.

Thanks

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Kez

Haole is right, think about it. I would assume he is making that statement based on the fact that the POE officer point blank flagged this tourist visa user and told them to go back and file proper forms, not sure how much more precise and clear it has to be. Haole is right it is very borderline at best, based on the actions that have been taken, even POE officers questioned it. I have yet to see in the law where it says INTENT does not matter. And speaking from experience you are made to take an oath that you will not immigrate or overstay on a tourist visa, that I do know. Yet some have obviously circumvented waiting on a K1 or K3 filed at US embassy by just going on to the USA on a tourist visa, then suddenly falling in love and changing their mind, which if a person can live with that and looking over their shoulder the rest of their life worrying or wondering if they will ever get caught then fine, go for it.

zqt3344 I thought you would show up here sooner or later.... so have you found the law that shows this yet.... its been 3 weeks since you tried to tell everyone how illegal it is to do AOS from a tourist/VWP and everyone is still waiting for you to provide the evidence to back up your claim.... I gave you the links to the US law and USCIS guidelines with regard to this situation but other than your own thoughts on the subject you have not been able to come up with one ounce of evidence to support your claim.... so until you can do that please refrain from spreading your gross misinformation.....

Kez

Filed: K-1 Visa Country: Ukraine
Timeline
Posted
For any of you with any prior experience with immigration attorneys, do you think $8k is too much?

Please see my prior posts for full story on our case.

Thanks

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Kez

Haole is right, think about it. I would assume he is making that statement based on the fact that the POE officer point blank flagged this tourist visa user and told them to go back and file proper forms, not sure how much more precise and clear it has to be. Haole is right it is very borderline at best, based on the actions that have been taken, even POE officers questioned it. I have yet to see in the law where it says INTENT does not matter. And speaking from experience you are made to take an oath that you will not immigrate or overstay on a tourist visa, that I do know. Yet some have obviously circumvented waiting on a K1 or K3 filed at US embassy by just going on to the USA on a tourist visa, then suddenly falling in love and changing their mind, which if a person can live with that and looking over their shoulder the rest of their life worrying or wondering if they will ever get caught then fine, go for it.

zqt3344 I thought you would show up here sooner or later.... so have you found the law that shows this yet.... its been 3 weeks since you tried to tell everyone how illegal it is to do AOS from a tourist/VWP and everyone is still waiting for you to provide the evidence to back up your claim.... I gave you the links to the US law and USCIS guidelines with regard to this situation but other than your own thoughts on the subject you have not been able to come up with one ounce of evidence to support your claim.... so until you can do that please refrain from spreading your gross misinformation.....

Kez

You need to refrain from spreading gross information yourself. You have yet to show me where it says it is ok to immigrate and intend to come to the USA on a tourist visa and then marry. Which I will state again it is not ok to intend to come to the USA on a tourist visa and try to overstay it or immigrate on it by marrying, it is visa fraud or immigration fraud, now if you can lie well enough and convince USCIS you did not intend to marry or immigrate on that tourist visa then fine roll the dice, take the chance and see what happens. Do you not remember being asked those very questions about overstaying your tourist visa or immigrating on your tourist visa? Do you deny that those questions are asked by POE officer or US embassy officer when granting the tourist visa? I am not spreading any disinformation at all, just simply following the rules and law of United States of America and yes I do know this from personal experience with this process. I had every opportunity to take the shortcut and apply for tourist visa and then visit USA and then suddenly fall in love and got get married on it, but I did not, I checked with US embassy, USCIS and read the laws and rules published by USCIS which made it clear to me I would need to file a K1 if I intended to get married in the USA not on the tourist visa. So curious you think that POE officer was just pulling the woman aside from France for fun to talk to for an hour and you think they told her to go back and file proper forms for fun also, I mean it is borderline, doing what they are doing and you know it as well I do. If you disagree fine that is your opinion but I do not agree with you and I would rather follow the law and abide by the law than not to follow the law and suffer any problems later, but that is your choice also and your opinion.

Filed: Timeline
Posted
For any of you with any prior experience with immigration attorneys, do you think $8k is too much?

Please see my prior posts for full story on our case.

Thanks

I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Kez

Haole is right, think about it. I would assume he is making that statement based on the fact that the POE officer point blank flagged this tourist visa user and told them to go back and file proper forms, not sure how much more precise and clear it has to be. Haole is right it is very borderline at best, based on the actions that have been taken, even POE officers questioned it. I have yet to see in the law where it says INTENT does not matter. And speaking from experience you are made to take an oath that you will not immigrate or overstay on a tourist visa, that I do know. Yet some have obviously circumvented waiting on a K1 or K3 filed at US embassy by just going on to the USA on a tourist visa, then suddenly falling in love and changing their mind, which if a person can live with that and looking over their shoulder the rest of their life worrying or wondering if they will ever get caught then fine, go for it.

zqt3344 I thought you would show up here sooner or later.... so have you found the law that shows this yet.... its been 3 weeks since you tried to tell everyone how illegal it is to do AOS from a tourist/VWP and everyone is still waiting for you to provide the evidence to back up your claim.... I gave you the links to the US law and USCIS guidelines with regard to this situation but other than your own thoughts on the subject you have not been able to come up with one ounce of evidence to support your claim.... so until you can do that please refrain from spreading your gross misinformation.....

Kez

You need to refrain from spreading gross information yourself. You have yet to show me where it says it is ok to immigrate and intend to come to the USA on a tourist visa and then marry. Which I will state again it is not ok to intend to come to the USA on a tourist visa and try to overstay it or immigrate on it by marrying, it is visa fraud or immigration fraud, now if you can lie well enough and convince USCIS you did not intend to marry or immigrate on that tourist visa then fine roll the dice, take the chance and see what happens. Do you not remember being asked those very questions about overstaying your tourist visa or immigrating on your tourist visa? Do you deny that those questions are asked by POE officer or US embassy officer when granting the tourist visa? I am not spreading any disinformation at all, just simply following the rules and law of United States of America and yes I do know this from personal experience with this process. I had every opportunity to take the shortcut and apply for tourist visa and then visit USA and then suddenly fall in love and got get married on it, but I did not, I checked with US embassy, USCIS and read the laws and rules published by USCIS which made it clear to me I would need to file a K1 if I intended to get married in the USA not on the tourist visa. So curious you think that POE officer was just pulling the woman aside from France for fun to talk to for an hour and you think they told her to go back and file proper forms for fun also, I mean it is borderline, doing what they are doing and you know it as well I do. If you disagree fine that is your opinion but I do not agree with you and I would rather follow the law and abide by the law than not to follow the law and suffer any problems later, but that is your choice also and your opinion.

No where has the OP said that they even intented to remain in the US at the time of entry as was fully discussed in the other post.... you have yet to show that they said they did have intent.... As I pointed out to you in that other post if the CBP officer was convinced that they had intent to remain they would have been denied entry and return to the country they had just come from... so please re-read that post and the links to the law and USCIS guidelines.....

Kez

Filed: Other Country: Canada
Timeline
Posted

it is ok to get married in the US without a visa.... it is all about the intent to stay after though... a lot of people get married in the US and then go back to their home country and apply for the visa...

this case is a bit different because they were married before they came to the US... so having a lawyer probably would be a good idea....

but I think $8000 is a bit much for a lawyer

mvSuprise-hug.gif
Posted
it is ok to get married in the US without a visa.... it is all about the intent to stay after though... a lot of people get married in the US and then go back to their home country and apply for the visa...

this case is a bit different because they were married before they came to the US... so having a lawyer probably would be a good idea....

but I think $8000 is a bit much for a lawyer

No kidding, $8,000 is too much. I hope, OP can do the paperwork by own. VJ people are here to help.

I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

Posted
I'd check with a couple more lawyers prior to committing to one.

Especially one asking 8K.

Looks to me your case is bordeline. Saying she didn't intend do stay but "changed her mind" to me is a bit on the shaky side.

Haole on what basis are you making that statement.... the law? your own expirence? your opinion? or just what you think it should be?

Just my opinion from OPs prior post.

I've been around the block a few times concerning immigration. Sure not always correct like everyone else here on VJ.

OPs case doesn't look "dead nuts" guaranteed from what he said.

If you're so sure he's OK. Hang your butte out there and and say you will stake your life on it!

Problem is you'll be staking his/hers lifes on it also.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

 
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