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I keep hearing there phrase "lied to POE". I am not really sure what one can lie about.

My wife entered on a tourist visa. They asked her if she planned to go back. She said yes, if she had a husband which she said yes to, why she was here which was to see my family and travel a bit, and then if she intended to go leave after her stay which she said yes to and showed them proof of intent to leave. However we want to do an aos now and would get saying she had the intent to go back be considered lying? Or would it have to be something bigger like her telling them she wasn't married at all to a USC?

I can't understand what things are really even possible to lie about and be denied an aos since the govt knows about everything already for marriage and such.

Maybe some people could shed some light on what USCIS considers lying at POE to me? Just want to take caution with me and my wives future. A ban would be terrible id hate to have to go live for 10 years in hher country.

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Filed: Country: Monaco
Timeline

In this situation specifically, suppose she said yes, she planned to go back when in fact she didn't. That would be considered lying. Suppose she had meant to come in and stay all along, and when asked by the CBP as to the motive of her trip, anything she might have said might be construed as a lie.

If she hasn't tried to get in the country under the guise of tourism so that she would AOS and stay she should be fine.

Don't overthink it. If your marriage is real and if she came to visit and later decided to stay all you need to is get started on her AOS.

Check out the information and forms she'll need here: ----> http://www.visajourney.com/content/guides

Good luck!

I keep hearing there phrase "lied to POE". I am not really sure what one can lie about.

My wife entered on a tourist visa. They asked her if she planned to go back. She said yes, if she had a husband which she said yes to, why she was here which was to see my family and travel a bit, and then if she intended to go leave after her stay which she said yes to and showed them proof of intent to leave. However we want to do an aos now and would get saying she had the intent to go back be considered lying? Or would it have to be something bigger like her telling them she wasn't married at all to a USC?

I can't understand what things are really even possible to lie about and be denied an aos since the govt knows about everything already for marriage and such.

Maybe some people could shed some light on what USCIS considers lying at POE to me? Just want to take caution with me and my wives future. A ban would be terrible id hate to have to go live for 10 years in hher country.

Edited by JohnR!

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Filed: Timeline

What they are trying to avoid is the situation where people come with a pre-conceived intent to adjust, and use a non-immigrant visa to allow them to gain entry to do so.

But you are allowed to change your intention. If you come into the US on a non-immigrant visa without the intention to adjust status, but then change your mind when you are here, that is perfectly acceptable. The only word of caution is that if you adjust very quickly after entering, this can raise suspicions. In effect, all this means is that your case might be scrutinized more closely. But if your marriage is real and you did not intend to deceive the immigration authorities, then you should have nothing to worry about.

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When we talk about lying at POE, we are talking a material misrepresentation that could affect entry. For example, if your wife stated that she was single, and yet obviously she is not, that could be seen as MR - they may not have let her in because she was married. However, you should have nothing to worry about. Preconceived intent is NOT used as a reason to deny - basically, if she was let in, then they determined at the border that she did not have immigrant intent and that is the end of the story. I think I have a linky thing to the particular part of the field manual that addresses it.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: Citizen (apr) Country: Ecuador
Timeline

OP has two other threads open on this topic. This thread is locked, and the OP will be subject to administrative action if he starts another thread on the subject.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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