A little SCARED, please help ease our minds

[dongding65 0]

Thank you for reading this, everyone...

Here's our story. I'm a US Born Citizen, my wife and I have known each other for a number of years now. She holds a B1/B2 visitor visa. Our relationship has been long distance. She's come to the US a few times over the years. She recently came into the US in January 2010. We were having trouble in our relationship and we both wanted to fix the relationship. I got her a plane ticket and planned on spending time with her for the next six months to reconnect again. At customs inspection, they interviewed her and limited her stay to only 30 days. And wrote on her I-94 "No AOS/EOS/COS" (I didn't realize what it meant until after we married) We were in a panic because we had planned to go to so many places together (i.e. Disneyland,Yosemite, etc)After spending time with her, I realized that I wanted to be with her forever. I asked her to marry me and we married in March. We consulted a lawyer prior to our marriage to see what our options are and the procedures. He told us pretty much what everyone else has said to do on the message boards. I-130, I-485, I-765 and their respective documents. We've also filed I-539 to extend her visa to show in good faith that we're trying to extend the current visa she's in. We showed the lawyer the I-94 with what they wrote and he explained that the "No AOS/EOS/COS" holds no legal weight on that form. He also told us that if we are granted an interview, the immigration officer will be there to determine intent upon entry to the US and whether we have a bona fide marriage. The lawyer told us that since we have a prior history and evidence to support our case (Long Distance Phone Bills, emails, letters, pictures of our visits together, etc) that it would hold more water.

Has anyone gone through this? Has anyone had anyone write "no AOS/EOS/COS" on their I-94 and successfully adjusted their status? We filed the paperwork on our own. We're hoping for the best. Does having a lawyer do your paperwork make a difference? Could someone ease our minds? They've received the packet on May 11th. It's now May 17th. We haven't received any notice yet. We hope they'll favor us. Thanks for reading!

Our document list is as follows:

I-130

- Marriage Certificate, My birth certificate, I-94 Front and Back, photos, our passports, affidavit from my us citizen mother, affidavit from her us citizen uncle, copy of a I-797C receipt notice of her 539 extension, photographs of our relationship (with other friends and family members) and wedding pictures

G-325A (Me)

G-325A (Her)

I-485

- Marriage certificate, photos, I-94 Front and Back, copy of our Passports, I-693, etc etc etc

I-864 etc etc etc

I-765 etc etc etc if you want more detailed info let me know, LOL, this is getting long, sorry!

Thanks so much!

[Brother Hesekiel 2,236]

Your lawyer is correct, the CBP entry has no legal bearing. The USCIS I.O. will make the final determination at the AOS interview. However, the entry shows that CBP already suspected that your wife may have planed to adjust status from within the US.

That said, intent happens in the human brain and is in most cases impossible to document. I do not see any problems for you in successfully adjusting status, unless there are adverse circumstances not known to us.

[dongding65 0]

Your lawyer is correct, the CBP entry has no legal bearing. The USCIS I.O. will make the final determination at the AOS interview. However, the entry shows that CBP already suspected that your wife may have planed to adjust status from within the US.

That said, intent happens in the human brain and is in most cases impossible to document. I do not see any problems for you in successfully adjusting status, unless there are adverse circumstances not known to us.

None that I can think of. She was here for 6 months from late 06 to 07. She was here for 4 months in 08. She didn't return until Jan 2010. About a year and a half later. They mostly suspected her of working here. However, she didn't mention anything about me when they interviewed her at border patrol. She was scared. What would be considered as an "adverse circumstance" that would bar us from adjusting status? Thanks again!

Edited May 19, 2010 by dongding65

[dongding65 0]

Checks cashed on Monday 5/17.

[Starburst 4]

Good Luck!!!

/starburst

[dongding65 0]

NOAs received last week 5/20 and received our biometrics appointment a few days ago. We're set for 6/15. We received an NOA for her request for an extension. We knew it would inevitably be denied so we planned on submitting her AOS before receiving the action letter. We received the first NOA for her AOS literally 4 days before her NOA for her extension denial. The Notice date for her AOS is still one week before our notice for the extension. Will this be detrimental to our case since they're so close? It would have been really bad if we received the denial notice before submitting her AOS paperwork...