aoe help

[ifightnerdz 0]

My fiance and i met last fall. in january she lost her job so i told her to come down and stay with me. we have been going back to canada once a month for a weekend each month since. when i called the immigration office and asked them how to proceed they told me to just get married here in america and apply for an adjustment of status. last month we got caught bringing some boxes of hers into the country. the border patrol told us it was a warning and not to do it again. they took copies of our passports as well. since then i called a lawyer. they said because of this we should just do the adjustment of status as planned and "face the music" during the consulate interview and see if they accept her or bar her from the US for 5 years. another lawyer is telling us to have her go back to canada and do the k1 visa process and put off our wedding, which we were planning to do on august 1st, until the k1 is approved. i don't know who to believe now.

[ifightnerdz 0]

My fiance and i met last fall. in january she lost her job so i told her to come down and stay with me. we have been going back to canada once a month for a weekend each month since. when i called the immigration office and asked them how to proceed they told me to just get married here in america and apply for an adjustment of status. last month we got caught bringing some boxes of hers into the country. the border patrol told us it was a warning and not to do it again. they took copies of our passports as well. since then i called a lawyer. they said because of this we should just do the adjustment of status as planned and "face the music" during the consulate interview and see if they accept her or bar her from the US for 5 years. another lawyer is telling us to have her go back to canada and do the k1 visa process and put off our wedding, which we were planning to do on august 1st, until the k1 is approved. i don't know who to believe now.

/bump

she is also pregnant.

[Ed+Cindy 1]

My fiance and i met last fall. in january she lost her job so i told her to come down and stay with me. we have been going back to canada once a month for a weekend each month since. when i called the immigration office and asked them how to proceed they told me to just get married here in america and apply for an adjustment of status. last month we got caught bringing some boxes of hers into the country. the border patrol told us it was a warning and not to do it again. they took copies of our passports as well. since then i called a lawyer. they said because of this we should just do the adjustment of status as planned and "face the music" during the consulate interview and see if they accept her or bar her from the US for 5 years. another lawyer is telling us to have her go back to canada and do the k1 visa process and put off our wedding, which we were planning to do on august 1st, until the k1 is approved. i don't know who to believe now.

I wouldn't expect you to be banned because CBP bullied you.

You might want to do a K-1 though, cause if you straight up Adjust Status, it will be obvious your fiance entered with immigration intent.

[ifightnerdz 0]

My fiance and i met last fall. in january she lost her job so i told her to come down and stay with me. we have been going back to canada once a month for a weekend each month since. when i called the immigration office and asked them how to proceed they told me to just get married here in america and apply for an adjustment of status. last month we got caught bringing some boxes of hers into the country. the border patrol told us it was a warning and not to do it again. they took copies of our passports as well. since then i called a lawyer. they said because of this we should just do the adjustment of status as planned and "face the music" during the consulate interview and see if they accept her or bar her from the US for 5 years. another lawyer is telling us to have her go back to canada and do the k1 visa process and put off our wedding, which we were planning to do on august 1st, until the k1 is approved. i don't know who to believe now.

I wouldn't expect you to be banned because CBP bullied you.

You might want to do a K-1 though, cause if you straight up Adjust Status, it will be obvious your fiance entered with immigration intent.

it was actually the american border patrol. shes canadian, im american.

i was thinking the same thing. doesnt it seem crazy though? to me you would think the intent issue was if she came here looking for a husband. not our situation. now i am worried because she is due in december. i want to have the baby here so we dont have to go through this with the baby, however i cant insure her under my insurance until she has a green card and can get a social security #. so it looks like i am going to have to pay for the entire birth myself.

[Krikit 1,163]

My fiance and i met last fall. in january she lost her job so i told her to come down and stay with me. we have been going back to canada once a month for a weekend each month since. when i called the immigration office and asked them how to proceed they told me to just get married here in america and apply for an adjustment of status. last month we got caught bringing some boxes of hers into the country. the border patrol told us it was a warning and not to do it again. they took copies of our passports as well. since then i called a lawyer. they said because of this we should just do the adjustment of status as planned and "face the music" during the consulate interview and see if they accept her or bar her from the US for 5 years. another lawyer is telling us to have her go back to canada and do the k1 visa process and put off our wedding, which we were planning to do on august 1st, until the k1 is approved. i don't know who to believe now.

What was the warning the CBP Officer gave you? Did they give her an I-94 with a date much shorter than the six months allowed to Canadians? Were there any plans for her to return to Canada? Does she still have ties there (a job, a home, responsibilities) or were those all severed in anticipation of moving? What was the content of the questions and responses at the border? Did you mention to them that you were moving your fiance to the US and marrying? There is now a flag attached to your names in their database. You need to tread cautiously, here. There may be a notation on her file that she is suspected of entering with intent to bypass the immigration process and this may affect her status in the US at the AOS interview.

Also, did you have a Stokes interview at secondary where you were questioned separately?

Moving this to the AOS from Other Visas forum where you will receive help from others who have been in this situation.

[EtherealVocalist 0]

Well... My husband is German, not canadian... I am actually a USC ( by naturalization, but also canadian, born in montreal... anyways...

My husband and I have been into a long distance relationship for 3 +years he kept coming here back and forth using the VWP and always left before the visa was up... After doing this for 3 years, the last time he came to New Ark, the officers took him to secondary screening for 2+ hours!!! They were accusing him of being here to work illegally. he NEVER did that! They went through his cell phone, text messages, went on the net look at his myspace page, facebook page and found out we were in a relationship. Him and I are musicians. I sing and he composes music. We never did gigs together as we both know he cannot work here legally, so we have been releasing CDs through our label. to make a long story short, the officer found my number in his cell phone and called me, misrepresenting himself as a "booking" agent and wanted to book us for a gig and asked me how much we charged. Now, you have to realize that I have been waiting for my then Boyfriend for 2+ hours, i knew something was up, i suspected this was an agent trying to see if i'd slip and tell him our booking fee. How could I? We never did this in the past... I kept telling him that my husband is not allowed to work and we never did this before... then he said he'd get back in touch with us later if things change...

I was mortified, i knew my boyfriend was being held and I know this must be really scary... They told him that he will never be able to come in the USA under the VWP, they flagged his passport and that "You and your Girlfriend better get your s**t together cause there will be no next time..." Apparently they were real A$$ES and they ridiculed him in front of other people laughing at the text messages we sent each other... Real nice huH?!

Since they couldnt finid any evidence that he was working, they let him go - He came to meet me at the agreed place in NYC. I was so relieved to see him... This scared us so much that we decided to get married that time he was in the USA. We did our AOS from VWP and we didn't have a problem AT ALL. From the time AOS packet reached the lockbox in Chicago to the day he received his Greencard was 79 days...

Edited May 6, 2009 by EtherealVocalist

[christera22 8]

WOw Etherealvocalist we didnt knew all these happened. This is total insurgence into human rights ............ how can they charge him of working here when he was not. You are the same case as me and my wife. I design and she is the book writer ......originally we met through net, chatted and chatted. I came here 1st time to atten some fairs and meet her publisher with my design. I went back and came again as the book cover has to be changed totally . Thats what i told the consulate as that was the main perpose as it was then, this was entirely a credit exchange program . .So i came in a B1/B2 visa. But spending time with each other was also the reason. So CBP officer wanted to see the letter she sent me officialy to invite me here. He asked me whether she is my fiance. Obviously I had to say No.... partly is true too as i was knowing her more.

Later the marriage decision was due to a emergency surgery on her and she wanted me with her. Anyway this things that they do like reading cellphone messages and looking into myspace things ............ i am glad they didnt want to see your husband`s personal email accounts. I really dnt know what to do against these kind of people.........how can we sue them, if they at all have a grievance cell or not.

Edited May 6, 2009 by christera22

[ifightnerdz 0]

My fiance and i met last fall. in january she lost her job so i told her to come down and stay with me. we have been going back to canada once a month for a weekend each month since. when i called the immigration office and asked them how to proceed they told me to just get married here in america and apply for an adjustment of status. last month we got caught bringing some boxes of hers into the country. the border patrol told us it was a warning and not to do it again. they took copies of our passports as well. since then i called a lawyer. they said because of this we should just do the adjustment of status as planned and "face the music" during the consulate interview and see if they accept her or bar her from the US for 5 years. another lawyer is telling us to have her go back to canada and do the k1 visa process and put off our wedding, which we were planning to do on august 1st, until the k1 is approved. i don't know who to believe now.

What was the warning the CBP Officer gave you? Did they give her an I-94 with a date much shorter than the six months allowed to Canadians? Were there any plans for her to return to Canada? Does she still have ties there (a job, a home, responsibilities) or were those all severed in anticipation of moving? What was the content of the questions and responses at the border? Did you mention to them that you were moving your fiance to the US and marrying? There is now a flag attached to your names in their database. You need to tread cautiously, here. There may be a notation on her file that she is suspected of entering with intent to bypass the immigration process and this may affect her status in the US at the AOS interview.

Also, did you have a Stokes interview at secondary where you were questioned separately?

Moving this to the AOS from Other Visas forum where you will receive help from others who have been in this situation.

we were questioned at the front desk of the border patrol. we weren't taken into a room or anything. they went into a backroom with her passport and my driver's license. i assume they made copies of them. they asked us what our intent was. we stated we were going to get married down the road. they didn't give us a i-94 or anything. there are 5 guys and 1 girl at the border stationw e go to. the guys all seem sympathetic and the girl is a ******. the girl is the one that caught us. the guys told her to go to her booth and they would handle it. they searched my car and found boxes we had of her stuff. like i said we told them we planned on getting married down the road ans she was pregnant. they told us we need to get going on a k-1 visa. she has no home in canada, although we tell the border patrol that she lives with her mom and works for her. she does do od jobs for her mom's business. in fact we are going back at the end of the month and she will stay in canada for a month or so to do a job for her mom.