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AOS after entering with pregnant USC wife

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Filed: Other Country: South Korea
Timeline

I've read a lot of different views on entering the US with a visitors visa with the intent of staying, and I need a final word on my specific situation.

I met my wife in my home country and we dated for a year before she got pregnant. We both came (on the same plane but in different lines of immigration) to America the same date when she was almost 6 months pregnant and I entered with a visitor visa. I was given a 6 month permit and we got married before that period was over, in October. We have just sent the I-130 and I-485 concurrent filing today with all information of baby included. Is there a possibility of deportation or denial of my case because I entered with a visitor visa when my citizen wife was 6months pregnant? If so is there anything I could say that would help me during the interview?

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Filed: Citizen (apr) Country: Ireland
Timeline

We can;t tell you for sure, it is up to how USCIS sees the case. The main relevant points will be :

- Did you intend to get married AND STAY when you entered?

- What were you asked at immigration at the airport, if anything?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Other Country: Canada
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Intent alone is not enough to deny aos. However, it can make things heavily scrutinized and perhaps smaller errors in application could become bigger.

Can you be deported? Absolutely. Hard to say a timeline.

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Intent at time of crossing the border is no longer an issue. However, what questions were you asked? Was it just "what is your purpose of coming to the US" or were there more specific "are you dating a US citizen" type questions? If more specific, did you answer them truthfully?

Basically, it comes down to not having misrepresented yourself with the border guard. As long as you did not lie to him about something that would have prevented him allowing you in to the US you are fine. Omission is NOT lying, btw.

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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