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Is this process legal and practical?

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Filed: Other Country: Canada
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After reading a few other threads in this forum, I am starting to get the impression that my initial plan is, in fact, straight up immigration fraud. Any thoughts?

.

Definately cheating the system perhaps not fraud. I wouldn't attempt it without an acceptance from college/university there

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Filed: Other Country: Canada
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It's a risk, but possible. I would expect to show how school will be paid for (loans, etc). Also as previously mentioned, remember that school tuitions and fees are often twice if not more the cost of what it would be for a USA resident. Expect to pay $22k+ for one year. You mentioned previous debt, are you really willing to take more on for a relationship that may or may not fizzle?

Edited by Transborderwife
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Filed: IR-1/CR-1 Visa Country: Sweden
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Doesn't your current school offer a semester abroad as part of your degree? Many universities do that. If you go that routine, they would assist you with a student visa (if needed) and you don't pay US tuition for the semester. At least that gives you six months with your boyfriend and continuing your degree at the same time. Plus you'd easily get to enter the US on this semester abroad program.

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Filed: Other Country: Canada
Timeline

Doesn't your current school offer a semester abroad as part of your degree? Many universities do that. If you go that routine, they would assist you with a student visa (if needed) and you don't pay US tuition for the semester. At least that gives you six months with your boyfriend and continuing your degree at the same time. Plus you'd easily get to enter the US on this semester abroad program.

Unfortunately my GPA prohibits this option.

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I'm a Canadian citizen and my boyfriend is an American citizen. Based on our life circumstances and relationship we have determined that it makes the most sense for me to do the following:

1. Finish the summer semester at my university in Canada while applying for transfer to schools in the US, hopefully for January enrollment.

2. Join him in the US, legally as a tourist, in September. Canadians can stay in the US for up to six months.

3. Apply for a change to F status when I'm accepted to a school there.

4. Should we decide to get married, have my status changed again and apply for permanent residency.

Am I missing any hitches here? Will I have to leave the States at any point? Is this a fully legal and practical way to go about living with my boyfriend without having to rush into marriage?

I believe you cannot change from B (tourist) to F (student) within the country, unless there is a record that you are a prospective student; as noted in the post above). Outside of that, you would need to return to Canada to change the visa type

Unfortunately my GPA prohibits this option.

This could also be an issue with a transfer....

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After reading a few other threads in this forum, I am starting to get the impression that my initial plan is, in fact, straight up immigration fraud. Any thoughts?

Borderline IMHO, and there is a fine line on utlimate intent. Not sure that I would call it fraud myself; but you need to keep in mind that immigration laws are not black and white and there is a lot left to the subjective opinion of the official in charge. Someone with a bad hair day might make life tough for you

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Filed: Citizen (pnd) Country: Mexico
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Wow.. I am amazed nobody is jumping to claim IMMIGRATION FRAUD!!! on this thread where clearly the OP is stating he is coming to stay.

:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: 2021-04-08
Biometrics Appointment: 2021-05-03
Interview Scheduled/Cancelled: 2021-06-25 (never received online nor mail notification, just an email reply to tier 2 inquiry about status)

Interview ReScheduled: 2021-11-02

Interview Date: 2021-11-30

Oath ceremony Scheduled/Cancelled/Placed in Line: 2021-12-01
Oath: 2022-1-24 ... JOURNEY OVER! 😺
 

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Filed: Citizen (pnd) Country: Mexico
Timeline

Hi Transborderwife!

Haven't read from you in a while.. :luv:

Yup, I think that you are right... I guess I expected the usual reaction of "no you can not do that blah blah".

Good to hear from you

UnaMexicana

As a student though...that's where it gets iffy

:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: 2021-04-08
Biometrics Appointment: 2021-05-03
Interview Scheduled/Cancelled: 2021-06-25 (never received online nor mail notification, just an email reply to tier 2 inquiry about status)

Interview ReScheduled: 2021-11-02

Interview Date: 2021-11-30

Oath ceremony Scheduled/Cancelled/Placed in Line: 2021-12-01
Oath: 2022-1-24 ... JOURNEY OVER! 😺
 

event.png

event.png

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Filed: Other Country: Canada
Timeline

Hi Transborderwife!

Haven't read from you in a while.. :luv:

Yup, I think that you are right... I guess I expected the usual reaction of "no you can not do that blah blah".

Good to hear from you

UnaMexicana

My personal visajourney is on hold so I took a break :P but now I'm back.

I'm actually surprised as well!

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

OK. So what if my acceptance is for January? Can I still enter in September?

(Thank you for your tireless replies, by the way. I really appreciate it.)

If your main reason for coming is to be with bf- it's fraud.

If it's for school and the bf is an added bonus- it's not fraud and you need to seek a student visa and qualify for it yourself (ie YOU need to have the amount of money for room & board, tuition and books in your account for each semester you will be here and your GPA needs to be high enough to get into school)

That being said, your basically stating you want to move to the US but not officially declare that you're moving in case things don't work out with bf. What you're saying is not illegal if you word it the right way since Canadians can visa without a lot of restrictions. but at the end of the day it seems like you are just trying to circumvent the immigration process and come here for a living together trial run with bf.

09/27/14 Married :content:

12/03/14 Became a US citizen :star:

. .

02/25/15 130 Petition sent

02/27/15 NOA1 date :clock:

07/23/15 NOA2 date

08/03/15 Mailed to NVC

08/07/15 NVC Received

08/19/15 Case number assigned, submitted DS-261

08/20/15 Paid AOS bill

08/25/15 Received welcome letter

08/25/15 Sent AOS & IV package

08/31/15 DS-261 reviewed

08/31/15 AOS & IV scan date confirmed by Sup.

09/02/15 Received IV bill by email

09/03/15 Paid IV bill

09/09/15 Submitted DS-260

09/17/15 Case Completed @ NVC

10/06/15 Expedite Request sent to NVC

11/12/15 Contacted Sen. Marco Rubio for assistance with expedite by email

11/19/15 Expedite Approved

12/9/15 Medical

12/11/15 Interview (Approved)

12/14/15 CEAC Status changed to AP

12/15/15 CEAC Status Changed to Issued

12/18/15 Picked up Passport & booked hubby's ticket.

12/31/15 Ring in the New Years together after 4 years!!!! :dancing:

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Filed: K-1 Visa Country: Wales
Timeline

I see no fraud.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I see no fraud.

Not as it has been portrayed by the OP directly.

Only if you personally twist it to see fraud.

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

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