Im concerned

[nina1 0]

My interview is less than a mth from now and im getting nervous to the point where i dont have appetite for food anymore!

I came to the US in 2004 as a visitor from Canada.

17days later, i had my medical done (My husband talked to me about getting married and wanting me to stay..So he called USCIS and they said that the first step is doing the medical, which we did)

17days after the medical my husband officially asked me to marry him, and so we got married the same day at the courthouse (spur of the moment thing)...

Im freaking out because when we were gathering up our papers b4 yesterday to get ready for the interview, i realized that we had done my medical before marrying, which looks fishy, i think, maybe..?

What do you guys think?

[leroy1999 0]

was it with a registered USCIS doc ?

They would have to prove that you entered at the POE with the purpose of marrying a USC. Now if you admit that they can punish you with misrepresentation to obtain a visa as I pressume the visa you entered on was for tourism ? not a K1 ?

I'm hoping they do not hit you with the above because that's a serious Immigration violation.

[TracyTN 237]

Confusing post. You came here on a tourist visa, had not yet gotten married, and got a medical done by a civil surgeon as a 'first step' to adjust status (even though you weren't yet married)?

I think we're missing too much info here to make even an educated guess at the outcome.

[nina1 0]

you guys are really scaring me..

I entered with my canadian citizenship card.. I did not enter to get married.. We had never even met in person.. Only online and on phone.. I did not even land in the same state as he lives in, bcz it would be inappropriate for me to stay with a guy if i was not married to him.. I went to see him only.

After seeing each other for almost 3 wks, he asked me to marry him and stay in the US with him because his job was there. I wanted to go back to canada to live bcz my family is there.

He called USCIS that week to say he wants to marry me, and if i need to go back to canada to file from there....blablblal....They said NO...And that we just need to start with the medical... We don't know anything about medical or any government related issues.. We ended up paying 400$ for a medical bcz we didnt even know we could "shop around" like some of u guys had suggested.

AFter the medical, 3 wks later, he officially asked me to marry him, so we did at the courthouse..

What part is illegal about what happened? The fact that we did a medical b4 getting married?

please enlighten me

[leroy1999 0]

your right Tracey - I'm just forwarning them that the road ahead is going to be tricky.

from the sounds of your second post you should be fine as you didn't enter the US with the knowledge of wanting to marry a USC.

Only knowing each other for three weeks - Will USCIS raise eyebrows ?

[nina1 0]

i am fully aware of the fact that we got married so quick....But what do u do when you realize he is the one? If i had known anything better about gvmt issues, i guess i would have waited..

leroy we knew each other few mths b4 coming to the US, but we never met in person..

but how do i prove i didnt intend on staying in the first place? I do have a friend that was to marry a 2 wks after the day i was to go back to canada, and i was to go...

Oh man...

Edited March 13, 2006 by nina1

[leroy1999 0]

Nina - I totally understand your situation.

My best advice is go see an immigration lawyer - They are best placed to assist you.

I am only sharing my limited knowledge.

[zyggy 9]

i am fully aware of the fact that we got married so quick....But what do u do when you realize he is the one? If i had known anything better about gvmt issues, i guess i would have waited..

leroy we knew each other few mths b4 coming to the US, but we never met in person

Nina..

When you originally posted, we told you that trying to adjust on the tourist visa under your circumstances could be filled with problems. Most of us suggested that you either return home or have a consultation with an immigration attorney. It seems you have chosen the path you want to take... You seem now to understand what some of the problems associated with your choice are...

The nature of your difficulties and the solutions associated with them are beyond the scope that anyone on this board can help you with. If you want assistance with your self-inflicted difficulties, I suggest that you have a consultation with an immigration attorney who will be able to guide you through the process....

Edited March 13, 2006 by zyggy

[leroy1999 0]

Dont panic - I am only pointing out worst case scenrios, which a probably not applicable to you.

[lissa04 3]

I think we are all nervous before our interview. As for the medical done before you were married...gee I dont know what to say. It could look like immigration intent. How long were you in the US when you got your medical done? I think you mentioned 17days, but I might be wrong. If that is the case you should probably speak to an immigration attorney.

Good luck,

Lissa

[nina1 0]

Any other opinion is much appreciated..

I have seen a few ppl on this site that have adjusted status after coming as a visitor...My only difference is that i did my medical b4 marrying (ONLY MY MEDICAL, NO AOS DOCUMENTS OR WHATEVER)...But that's only bcz we knew we were getting married, we just didnt know when AND USCIS told us that the medical is one thing we'll have to do, so we wanted to get it out of the way.. We didnt know if u have to do it b4 marriage, after marriage.....

BUT after we got married, this is when we put all the AOS docs together (including the medical)..

[lissa04 3]

If questioned just explain it like you explained to us. You should be fine.

[nina1 0]

thnx lissa, uve reassured me..

My husband also keeps telling me that we did everything right, so we have nothing to worry about, it's just that i worry about what they MIGHT think..He's the optimist, and i the pessimist..

[john_and_marlene 162]

Your choice to marry and adjust after entering the U.S. on the VWP brings with it a greater scrutiny during the AOS. The upside was that you were able to stay together rather than being separated during a visa application process. The downside is the increased scrutiny at the AOS interview and the fact that you may not appeal if you are denied.

Noone here can predict what will happen at your interview. An attorney can help you prepare your best case for the interview, but can't guarantee an approval.

Your case is what it is and will stand or fall on it's merits. The adjudicator will make his decision based on the documents he has before him and your answers to his questions. Some of his questions may very well arise from sumitted documents and concerns he has regarding timing and dates.

[Autumnal 25]

Nina,

Please fill out your timeline or make a signature like many of us have done if you want more concrete information. I'm afraid it's difficult for us to give detailed advice without something to work on, especially when it comes to dates.

I'm a fellow Canadian and I entered the US with no intention of marrying, but ended up marrying a USC down here. I did the same AOS/I-130 route you did, as I'm assuming that's what you filed.

It may be a point that USCIS doesn't even ask when the medical was filed and/or compare it against your marriage record. If they do, then I'd probably let your husband answer the question and be as brief and to the point as possible. So...

Q. Why did you get the medical exam before you got married?

A. I called the USCIS information line. They told me Nina1 would require a medical examination immediately before we submitted the AOS documents.

One could argue that not all of us are immigration experts, especially when love is running around our heels. People get married on the spur of the moment all the time (look at Vegas!) and often stop to think about the consequences after. Well, guess what. Immigration is one of those things. If you didn't know the process, then say so. If you were too busy being in love and head over heels for one another, then you might not have been boning up on immigration law until after.

I believe, however, that it will be extra important for the two of you to establish that you have a bonafide relationship. You have been married since 2004, by your post, right? So that has given you at least a year and a bit to accumulate "proof" that you two are happily married. Bring this along with you to assuage any doubts on behalf of the USCIS officer.

Things like:

o Photographs of you together.

o Photos of you with each other's friends, family.

o Joint finances (void cheque with both your names on it; proof of a joint account; 401ks; etc.)

o Joint bills

o Photos from your wedding

o Cards/letters addressed to both of you

o Cards you sent to one another

o Anniversary cards! Very good!

o Insurance policies naming one another as the benefactor

o Notarized letters from friends/family proving you're a bona fide, happy couple.

o Proof of trips/vacations taken (IE: plane tickets/stubs, itineraries, postcards, photos).

o Joint lease/mortgage/living arrangement papers

o Scrapbooks of "stuff"

o Mementos or souvenirs from places you've been (maybe with photos or captions)

o Evidence of knowing one another from before (IE: Internet chat logs, pictures/drawings, phone records, phone cards, online posts, etc.)

o If you have anything you holding you back in Canada, like school/university, job, housing arrangement, that wedding, return plane ticket -- bring those too.

What the others have said is true, and that's definitely something that weighs on any of us that do this process from the VWP.

So, the goal for you and your husband is to demonstrate that your relationship is valid; that you didn't have any notion of marrying; and that you two are living quite happily together. I don't know exactly how the USCIS office works on these cases but there are other Canadians doing the same thing (ashleycraigen; myself) and others who did the VWP/AOS and got approved (Kezzie, clmarsh). You might ask about their particular situation.

Yes, this is sort of stressful, but remember that if you have all your ducks in a row and the OP can clearly see that you're happily together, that will probably account for a lot. Bring along your photo albums, anything from your wedding, and with extra documentation. Be prepared to answer the questions asked of you, and keep your answers short, concise and to the point. I've also heard from nearly everyone to try to relax -- and while for some of us, that's very difficult because we're nervous for a whole host of reasons (some rational, some not), think of it this way:

If you have nothing to hide, and your relationship is one founded in love, you will do well.

Good luck.