Adjustment of Status

[trailmix 77]

Ok, this is something I'm not clear on and now, once again, I am confused. I was just reading/responding to this thread:

I just got married to my wife from Canada, we are so clueless please help!!!

My question is, if you go to the U.S. to marry (from Canada) - can you just adjust status? My impression was it depends on your 'intent'. But let's just say your intent really is to marry - would they throw you out? What is the point of K1 visas if you can just go there, get married and do AOS?

This is one of the responses:

2. Your wife is allowed to stay in the States. I overstayed my tourist visa, they won't kick your wife out of the country while you are processing her papers. The problem is though, that she should not leave the States until she gets her Green Card, because if she does, you'll have to start the who;e process over again. You can apply for a special travel permit, which will allow her to leave the States and come back while she is waiting for her green card. It's a separate application, which I did not do.

[bowflex 0]

If she came to the United States to visit you and had no intent to marry, then it's possible to get married and then file for AOS. If her intent when coming over the border was to get married, than that's a different story.

[Emancipation 2]

Right, that's how I understand it too Bowflex...The issue is PROVING that you came without intent to marry. That it just happened spontaneously .. I think it's totally doable too, but there is risk/stressed involved in having the USCIS ask you some probing questions about how this wedding just "happened" while you were on a visitors visa..

I personally would think it's kinda a hard thing to prove that you didn't enter the US under false pretenses on a visitors visa.. but I'm a chicken S&*#.

And I think there are other Visas as well you can adjust from - TN, R-1 etc.. not just the visitors visa.

And the thing about staying is true from what I've read.. once you are in, stay in the US no matter what.. cause there's no way they will let you in the 2nd time after "oopsie" getting married on a visitor's visa

Edited October 31, 2007 by Emancipation

[Emancipation 2]

hmm.. found this rummaging around google.. interesting entry about GC's..

http://en.wikipedia.org/wiki/United_States...t_Resident_Card

[Flames9_RN 358]

While on a trip to DC to visit my then fiance (now wife) we had a free 15 min consult with an immigration attorney! Thats exactly what she told us to do, for me to stay in the USA and adjust of status! Sounded fishy to me, and I was still in the Cdn Air Force, so was not an option! She said that route is quite common for Canadians!! As stated it sounded fishy, and we were not in a hurry.

[Emancipation 2]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Just found this..

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

And this...

http://www.uscis.gov/files/article/c2_english.pdf

Edited October 31, 2007 by Emancipation

[bowflex 0]

I just remember how much stress I went through for the year or so journey for my wife's visa, and I couldn't imagine piling on top of that having to prove that you didn't have an intent to get married. Plus then you have the fact that you know in your heart of hearts that you actually did mean to commit visa fraud, I think I would've crumbled if I even had the opportunity to go that route. Luckily for me in hindsight that my wife wasn't allowed to leave Canada or I would've have to weigh in that option haha.

[trailmix 77]

I read most of what was available in those links, but they seem to skirt the issue?

I did find this

4. Adjustment of Status to Lawful Permanent Resident

Once in the U.S. after any legal entry, a foreign person married to a U.S. citizen, or a foreign person who is the beneficiary of an approved immigrant petition through an employer or any other family member, may file to adjust status to permanent resident. This process is accomplished through the USCIS District Office with jurisdiction over the place of residence of the applicant, either through filing first with a regional service center or a central lockbox facility. Because it is illegal to misrepresent oneself at a port of entry, this process is reserved for individuals who have entered with a visa designed to lead to adjustment of status, such as a K visa, L visa or H visa, or for individuals who have legitimately changed their mind since entering in a status that does not lead to adjustment of status, such as a tourist or student. Stating temporary intent at a Port of Entry and then manifesting any intent to stay permanently shortly thereafter is tantamount to misrepresentation at the Port of Entry.

[Emancipation 2]

I read most of what was available in those links, but they seem to skirt the issue?

I did find this

4. Adjustment of Status to Lawful Permanent Resident

Once in the U.S. after any legal entry, a foreign person married to a U.S. citizen, or a foreign person who is the beneficiary of an approved immigrant petition through an employer or any other family member, may file to adjust status to permanent resident. This process is accomplished through the USCIS District Office with jurisdiction over the place of residence of the applicant, either through filing first with a regional service center or a central lockbox facility. Because it is illegal to misrepresent oneself at a port of entry, this process is reserved for individuals who have entered with a visa designed to lead to adjustment of status, such as a K visa, L visa or H visa, or for individuals who have legitimately changed their mind since entering in a status that does not lead to adjustment of status, such as a tourist or student. Stating temporary intent at a Port of Entry and then manifesting any intent to stay permanently shortly thereafter is tantamount to misrepresentation at the Port of Entry.

Yep I agree.. they are not really clear on the process.

Good find! It looks like they are vague on purpose.. probably to discourage this sorta thing in the first place.. otherwise everyone would do it.

Edited October 31, 2007 by Emancipation

[Caladan 19]

If she came to the United States to visit you and had no intent to marry, then it's possible to get married and then file for AOS. If her intent when coming over the border was to get married, than that's a different story.

And 99% of the time, the intent is impossible to prove, so there are no problems. They really don't seem to be out to deport spouses, and it seems like the sort of thing that would be easier if you didn't know the law. You can adjust from F-1s, J-1s, tourist visas, all manner of things.

The thing is that marriage counts as a reason to change your intent, the sort of thing that if it happens to you, might change your vacation plans or your study plans. That's why there's all the emphasis on intent to marry before you enter; if you have the intent to marry, it's a safe bet you have the intent to stay.

Honestly, if C and I had the same timetable from entry to marriage -- about 61 days -- it likely wouldn't have flagged as suspicious. I can see why the lawyers advise the way they do. Why make someone wait 9 months for a five minute interview when they could come on vacation, hang out for a couple months, marry, and have the green card by then?

[misa 2]

Just to clarify a few statements here, there is nothing fraudulent about entering with intent to marry -- it's the intent to stay that's the issue.

[trailmix 77]

Just to clarify a few statements here, there is nothing fraudulent about entering with intent to marry -- it's the intent to stay that's the issue.

Very true!

So I guess the thing is, they probably AREN'T going to throw you to the curb, or the border as the case may be, if you just wander over, stay for a while then get married. That's what I thought - even though it is not 'official' and kind of requires lying at the POE and perhaps to USCIS if they ask during the interview or application stage (if, as misa says, your intent is to stay in the first place).

[misa 2]

Yeah, in most cases people get approved regardless of if they planned it out beforehand or not. There are cases where the adjudicator at the USCIS level has decided that the person had intent upon entry. I suppose they cross reference dates and such. Like... if the marriage license was applied for the same day they entered and AOS package neatly done within a short period of time. Magnolia31's friend was denied at the service centre level (didn't even get to interview) for something like this. I think her friend could have appealed it but... what are you going to say when it's planned, right?

Don't think it didn't cross my mind when starting this. I'm sure it crosses many people's minds. For me I'm already neurotic enough and even going through the proper avenues for my particular situation, it was stressful enough that I didn't need the fear of being denied for lying about intent hanging over my head. That and there was no way I could just pick up and leave on a visit since I have animals and a ton of ####### that I moved over after I got my K3.

I know everyone's cases are different and each Immigration Officer has their own style, but after going through an AOS interview, I would have totally caved at the interview if I had crossed over intentionally as a visitor to stay. She was a tough cookie and very good at her job!

Edited October 31, 2007 by misa

[bradcanuck 1]

This is how I did it. My wife and I were engaged, and I came down to go on a cruise for her grandparents 50th anniversary. I ended up staying over the holidays and then we just decided to get married. We filed I-130, 485/765/864.

[bowflex 0]

Just to clarify a few statements here, there is nothing fraudulent about entering with intent to marry -- it's the intent to stay that's the issue.

I definitely apologize for being vague