Sticky situation?

[scandal 951]

My question is how CBP Officer will know her intentions are.

Is He/she a mind reader or fortune teller?

FYI, Everything is possible with USCIS & every case is unique.

YOU CAN NOT PUT one particular case in a certain form.

It varies from one case to another & from one IO to another IO.

IMMIGRATION LAWS and/or REGULATIONS ARE VERY FLEXIBLE !....

Cino, from what I've seen of your advice on this thread and others in which you've posted, I urge you to consider staying silent.

It's just a request, of course. This is an open forum, anyone can post whatever they like, subject to the TOS. Some people post

useful information, others post drivel. You are representing yourself as someone with experience and knowledge about the immigration process

and dispensing advice. From what I've seen you are misinformed and misguided about the process. Just my opinion.

As an example, with regards to the above, you ask (rhetorically)

"My question is how CBP Officer will know her intentions are. Is He/she a mind reader or fortune teller? "

The answer is that there ARE regulations and manuals and procedures that are followed. Officers are trained in those procedures and manuals.

The onus and burden of proof with regards to intent at a border crossing is on the applicant for entry into the US, not on the CBP.

The CBP is entitled to start out with an assumption of ill-intent, and the onus is on the traveler to convince the CBP otherwise.

The CBP does not need to "read minds" - if you can't convince him/her that your case is legitimate, he/she is entitled to reject you summarily.

This is my understanding of the process. No doubt you will try to correct me. That will not influence me, it may influence others. If others on VJ whom I do trust in such matters correct me (pushbrk for example) I'll be happy to be corrected as such.

[Bobby+Umit 161]

My question is how CBP Officer will know her intentions are.

Is He/she a mind reader or fortune teller?

FYI, Everything is possible with USCIS & every case is unique.

YOU CAN NOT PUT one particular case in a certain form.

It varies from one case to another & from one IO to another IO.

IMMIGRATION LAWS and/or REGULATIONS ARE VERY FLEXIBLE !....

Cino, from what I've seen of your advice on this thread and others in which you've posted, I urge you to consider staying silent.

It's just a request, of course. This is an open forum, anyone can post whatever they like, subject to the TOS. Some people post

useful information, others post drivel. You are representing yourself as someone with experience and knowledge about the immigration process

and dispensing advice. From what I've seen you are misinformed and misguided about the process. Just my opinion.

As an example, with regards to the above, you ask (rhetorically)

"My question is how CBP Officer will know her intentions are. Is He/she a mind reader or fortune teller? "

The answer is that there ARE regulations and manuals and procedures that are followed. Officers are trained in those procedures and manuals.

The onus and burden of proof with regards to intent at a border crossing is on the applicant for entry into the US, not on the CBP.

The CBP is entitled to start out with an assumption of ill-intent, and the onus is on the traveler to convince the CBP otherwise.

The CBP does not need to "read minds" - if you can't convince him/her that your case is legitimate, he/she is entitled to reject you summarily.

This is my understanding of the process. No doubt you will try to correct me. That will not influence me, it may influence others. If others on VJ whom I do trust in such matters correct me (pushbrk for example) I'll be happy to be corrected as such.

You are absolutely right. They are trained to ask specific questions, and as pointed out to me, they can very well write "NO AOS" on your I-94 if they suspect your story but still allow you to pass, and if you get married, that will not allow you to AOS, even if it's to an USC, since you just misrepresented yourself.

Yes, there are precedent's that govern what could happen, but if the USCIS finds enough "adverse factors" against your case, you lose. You will have to go to court and fight it. Plus, you would have to prove them wrong.

Cino, you have to ask yourself this question, if it was so easy to AOS on the VWP/Visitors permit, why does the USCIS even bother with having the K-1/K-3 visa? Why don't they just allow people to get the visitors visa/vwp and just come over?

They made exceptions to the laws to provide a service for the USC, not the immigrant. Those exceptions were granted after a court fight. Again, if the USCIS thinks your pulling one over them, they will probably find something to deny you.

Keep in mind, Adjustment of status is discretionary, not automatic.

[Krikit 1,164]

Cino, it is against TOS regulations to condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. You may want to familiarize yourself with the penalties for TOS violations in this link.

[Jon&Lindsey 0]

Cino, it is against TOS regulations to condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. You may want to familiarize yourself with the penalties for TOS violations in this link.

In addition, there are possible criminal penalties for encouraging someone to 'come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law' (source). Sure they've probably got better things to do than come looking for you, but it's not quite as straight forward as just come over, marry, AOS and live happily ever after. Many people do it, but for those that it backfires on the consequences are severe.

I know issues like the foreign SO not being able to work and so surviving on one salary, not having lived together before, foreign SO not necessarily knowing if they will like where the US SO lives, etc are hard, but the majority of people here have got through them too - unfortunately you are not going to get everything exactly how you want it when involved with someone from a different country. If you don't feel you are getting much support for coming on the VWP with at least some intention to stay on VJ, just check out some other immigration forums (eg britishexpats.com) and see why it is known as the '10 foot pole' issue.

[Cino 5]

You know what I am not going to waste my time to discuss with you guys, IT IS NOT WORTH IT !.....

And also never never tell me to stay quite again !......

I haven't encouraged anybody to do anything illegally, that is your imagination.

OP knows what I mean. He has thanked me for my support, that is enough for me.

I really don't care about what the other people say. They are making up some rules & laws which do not exist !...

This thread is done for me, next please.

[Bobby+Umit 161]

You know what I am not going to waste my time to discuss with you guys, IT IS NOT WORTH IT !.....

And also never never tell me to stay quite again !......

I haven't encouraged anybody to do anything illegally, that is your imagination.

OP knows what I mean. He has thanked me for my support, that is enough for me.

I really don't care about what the other people say. They are making up some rules & laws which do not exist !...

This thread is done for me, next please.

Can you please point out which rules & laws do not exist?

thanks!

[rebeccajo 14]

Just a little late night reading for anybody REALLY interested in the complexities of this topic.

http://britishexpats.com/forum/showthread.php?t=557059

[Bobby+Umit 161]

Just a little late night reading for anybody REALLY interested in the complexities of this topic.

http://britishexpats.com/forum/showthread.php?t=557059

Thanks for that link - some interesting things there.

[Cino 5]

Here is the fresh example; adjusting from VWP (from Germany);

as a matter of fact he received his 2-year Conditional GC today (05/01/09) :

His timeline ( I just copied from their page ):

Timeline: I am the USC - my husband is the beneficiary

11-02-05:..........Met online - We are both musicians: him music composer and me vocalist ( visit me at: www.myspace.com/etherealsopranoamethyste )

11-26-08:..........My love comes to see me for a holiday visit.

01-24-09:..........Impromptu Wedding in our little apartment!!! I LOVE you!!!

02-03-09:..........Went to the Civil Surgeon - Enveloppe in hand! Life is good!

02-09-09:..........Mailed ( certified ) the AOS package ( I-485, I-130, I-864, I-765, I-131, G-325A + all supporting evidence and more! )

02-11-09:..........Package delivered at Chicago Lockbox

02-20-09:..........Money Orders Cashed!

02-23-09:..........We received today our 4 NOAs ( I-485, I-130, I-765 and I-131 ) - NOAs dated 2-18-09

02-24-09:..........Biometrics apt. Letter: 03-08-09 8AM.

03-09-09:..........Biometrics done - in and out in 10 mins.

03-20-09:..........Received today INTERVIEW LETTER FOR: 04-21-09!!!! ( TOTAL DAYS FROM FILING TO INTERVIEW: 68 DAYS!!! )

04-10-09:..........Received AP in mail!

04-13-09:..........Received EAD in mail! ~~~ WE ARE SO GRATEFUL AND HAPPY!!! ~~~

04-21-09:..........AOS interview in Manchester NH - I-130 approved - I-485 No decision made - Were told to wait for decision letter

04-27-09:.......... ******* WELCOME TO AMERICA LETTER RCD! ******* ~~ adjustment from VWP without a problem! ~~05-01-09:..........GREENCARD IN HAND!!! WOOO!!!

TOTAL TIME FROM AOS REACHING LOCKBOX TO GREENCARD IN HAND: 79 DAYS!!!!

Edited May 1, 2009 by Cino

[scandal 951]

Here is the fresh example; adjusting from VWP (from Germany);

<snip> irrelevant post... nobody ever said it's not possible to adjust VWP, the whole concept you're not comprehending is the risk of attempting such a thing when you have some element of preconceived intent of marriage, and the acrobatic burden this places at POE to overcome the burden of doubt, and the CONSEQUENCES if one fails to overcome that burden.</snip>

You SAID you were going away and not coming back:

This thread is done for me, next please.

Can you PLEASE follow your own advice, and leave?

I don't usually get myself involved in flame wars, at least not outside of OT.

But in your case I think it's worth making an exception.

At least 3 reasonable people have suggested to you kindly and politely that you are offering misleading and wrong advice. You have responded with arrogance.

If you keep this up I will take the initiative to report this behavior to mods.

Edited May 1, 2009 by uscandual

[Cino 5]

First of, I was not talking to you. I said I am done with discussing, didn't say I wouldn't give an example.

It is relavant to the subject. I am just giving time-line example to OP.

And also I am not ARROGANT, RUDE or I have never used an insulting remarks, curses or bad language on here VJ.

I guess you are confusing me with somebody else.

Edited May 1, 2009 by Cino

[Shelly&Jay 0]

First of, I was not talking to you. I said I am done with discussing, didn't say I wouldn't give an example.

It is relavant to the subject. I am just giving time-line example to OP.

And also I am not ARROGANT, RUDE or I have never used an insulting remarks, curses or bad language on here VJ.

I guess you are confusing me with somebody else.

These are open forums. Any one can read them including people that didn't post the original question so you are talking to all of us.

It really seems to me that you are going out of your way not to provide examples but to prove your way is the only possible correct way to go about it. What happens if they follow your advice and do not get their AOS approved or even are deported?

And anyone that uses all capitals in more than one post, is shouting and that is very very rude. No one needs to be shouted at.

[Minya's wife 25]

First of, I was not talking to you. I said I am done with discussing, didn't say I wouldn't give an example.

It is relavant to the subject. I am just giving time-line example to OP.

And also I am not ARROGANT, RUDE or I have never used an insulting remarks, curses or bad language on here VJ.

I guess you are confusing me with somebody else.

I don't think there's any confusion.

You are arrogant...and haughty and have an overwhelming superiority complex. Thinking that insults, curses and bad language are all that make someone arrogant and rude is just your imagination. There's a lot more to it.

You know what I am not going to waste my time to discuss with you guys, IT IS NOT WORTH IT !.....

And also never never tell me to stay quite again !......

I haven't encouraged anybody to do anything illegally, that is your imagination.

OP knows what I mean. He has thanked me for my support, that is enough for me.

I really don't care about what the other people say. They are making up some rules & laws which do not exist !...

This thread is done for me, next please.

[Bobby+Umit 161]

Here is the fresh example; adjusting from VWP (from Germany);

as a matter of fact he received his 2-year Conditional GC today (05/01/09) :

<SNIP>

04-27-09:.......... ******* WELCOME TO AMERICA LETTER RCD! ******* ~~ adjustment from VWP without a problem! ~~05-01-09:..........GREENCARD IN HAND!!! WOOO!!!

TOTAL TIME FROM AOS REACHING LOCKBOX TO GREENCARD IN HAND: 79 DAYS!!!!

Didn't you even bother to read rebeccajo's post?

Originally Posted by YB1

Don't stay on a 90 day VW and try to file papers! - I did just that and here's what happened.

Instead, they refused my application on grounds of a recent new "ruling"*

They acknowledged our marriage was valid and not pre-intended.

Was immediately taken into custody and held in jail for 5 days whilst they tried to find a flight home for me.(Reno ICE has no overnight holding facilities)

Chained, strip searched, hideous conditions etc.

Then moved to San Diego - held for 1 day.

Then moved to LA (my original port of entry) held for 14hrs in a freezing cell.

Finally put on a flight back to UK (I did demand a free upgrade though ;-)

I now have a 10 year ban on entry to US!!

I have no criminal record and have never previously violated any VW.

My lawyer was powerless to help.

I also know of one case personally where they attempted to AOS on the VWP and it failed, with a ban.

One final time, what works for one person may not work for another. To suggest that the process of AOS from VWP is a cake walk is rather disingenuous.

[yehaww 0]

Just a little late night reading for anybody REALLY interested in the complexities of this topic.

http://britishexpats.com/forum/showthread.php?t=557059

From what I can see, she overstayed her VWP before filing for AOS. That would surely cause problems.

In any case, I didn't mean to set off a heated thread. I don't think I'll really learn anything more than I already have. Thank you all again for taking the time to share your experiences.

Mods, please feel free to close this puppy up.