divorce problem

[Ellie-and-David 38]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

No. Adjustment of status based upon a marriage that occurred on a whim whilst visiting the states is forgiven. However when people do adjust from a visitor to LPR questions regarding intent are nearly always asked. Immigration authorities dislike visa fraud even more than the people on VJ who went about immigration properly.

His marriage prior to "moving" here on a visitors visa shows clear intent to evade immigration procedures and would have more likely resulted in a denial than an approval. The distinction between getting married here on a whim and intent to commit visa fraud would not have been lost on the authorities.

The point is, and always has been, his intention on entry into the states. And the intention was to immigrate. An illegal intention.

Edited September 7, 2009 by Ellie-and-David

[Malrothien 6]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

While it may "happen every day" - it is illegal and visa fraud.

[Anh map 2,098]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

The OP 's AOS petition appears to be dead as the USC spouse did not go to the interview. Now OP will divorce and hopes to to reactivate a petition filed by OP's father.

[sutlaj485 0]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

Thanks for understanding my issue.

would you think that now as I am saparating with my wife.can i reactivate my father petition who is now citizen.

please help

[KarenCee 3]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

No, it's NOT legal. IF he had married her HERE in the U.S. then YES he could have adjusted status...many on here have done that very successfully. To have entered the U.S. legally he would have had to have a spousal visa.

[KarenCee 3]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

Thanks for understanding my issue.

would you think that now as I am saparating with my wife.can i reactivate my father petition who is now citizen.

please help

No you can't. Because your soon to be ex wife did not attend the AOS interview your file is dead. You will have to go back to Canada for your father to petition for you...IF that is a possibility now. Read Kathryn41's post. It's the best advice on here.

[desert_fox 32]

Cant be visa fraud since he didnt have a visa.

Tehnically, yes it is fraud. Will the USCIS do anything, NO.

They are undertrained, understaffed, and really dont have he time to investiigate.

He wouold have been approved with no problwm. Ask any Immigration attorney;.; Do I approve??...NO

[belinda63 2,981]

Married a US citizen in Canada, came into the US on a VISITOR visa, meaning he did not intend to stay. Then filed for AOS.

Since he was married to a US citizen living in the US at the time he crossed the border as a VISITOR with the INTENT to remain in the US this is visa fraud. The burden would be upon him at the interview which they both missed to prove he did not intend to stay when he came on the VISITOR visa.

Same as if someone from another country, say Germany, was married to a US citizen, came to the US on the VWP with the intent to remain. This is fraud.

He entered on a visitor visa, or since a visa is not required he entered representing himself as a visitor. This is misrepresentation which can result in a LIFE TIME BAN.

Combined with his attempt to enter previously as a child of an LPR and his decidedly short and unsuccessful marriage I think he will have a very hard time obtaining a visa to the US.

[Ellie-and-David 38]

Cant be visa fraud since he didnt have a visa.

Tehnically, yes it is fraud. Will the USCIS do anything, NO.

They are undertrained, understaffed, and really dont have he time to investiigate.

He wouold have been approved with no problwm. Ask any Immigration attorney;.; Do I approve??...NO

There is nothing technical about it. It IS fraud.

Any immigration attorney? I've heard of a some good ones, and then I have heard of some who say....yes you have a case. Just so that you engage their services. They only have a vested interest in the outcome if they screw up really badly on a case that should have been approved, otherwise they can just hold their hands up and say.....outside factors influenced the outcome of the case and a positive result could not be obtained.

AND, this agency is not so understaffed as to carry out home visits, so they would be more than comfortable questioning the intent of the OP at a scheduled interview.

That aside, the two avenues the OP has already persued shows he has an interest in obtaining residency. His marriage based entry in to the US is the one that is really going to sting later on, especially if he doesn't go back to Canada asap.

[Kurt y Dora 1]

Abbott: Well, let's see, we have on the bags, Who's on first, What's on second, I Don't Know is on third...

Costello: That's what I want to find out.

Abbott: I say Who's on first, What's on second, I Don't Know's on third.

Costello: Are you the manager?

Abbott: Yes.

Costello: You gonna be the coach too?

Abbott: Yes.

Costello: And you don't know the fellows' names?

Abbott: Well I should.

Costello: Well then who's on first?

Abbott: Yes.

Costello: I mean the fellow's name.

Abbott: Who.

Costello: The guy on first.

AND SO ON..........

[D&R 0]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

Thanks for understanding my issue.

would you think that now as I am saparating with my wife.can i reactivate my father petition who is now citizen.

please help

You seem to ignore all the people that give you the best advice (that maybe you don't want to hear) and only respond to the one person who offers you a little glimmer of hope... what's up with that?

[sutlaj485 0]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

Thanks for understanding my issue.

would you think that now as I am saparating with my wife.can i reactivate my father petition who is now citizen.

please help

You seem to ignore all the people that give you the best advice (that maybe you don't want to hear) and only respond to the one person who offers you a little glimmer of hope... what's up with that?

cuz I filed this AOS case through a lawyer who is very experienced and thats what he suggested.now everyone is saying its a fraud.

I dont know what to do.I want to know what can I do now in this situation.

I know its a heck of a case now but are there any suggestions from people

[Ellie-and-David 38]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

Thanks for understanding my issue.

would you think that now as I am saparating with my wife.can i reactivate my father petition who is now citizen.

please help

You seem to ignore all the people that give you the best advice (that maybe you don't want to hear) and only respond to the one person who offers you a little glimmer of hope... what's up with that?

cuz I filed this AOS case through a lawyer who is very experienced and thats what he suggested.now everyone is saying its a fraud.

I dont know what to do.I want to know what can I do now in this situation.

I know its a heck of a case now but are there any suggestions from people

What you did was fraud. You entered the USA on a visitors visa as a married individual with the intent to immigrate. You might have had a slim shot at succeeding but your lawyer wants to get paid and will tell you anything to get you to engage their services.

You need to wrap your head around this now. That slim shot has now disappeared without the co-operation of your wife.

If you are still in the US you MUST go home or you may incur a ban for overstaying. You have NO status in the US. Your fathers original petition is no longer valid. There is absolutely no basis for adjusting status based upon on a marriage that no longer exists.

I know you do not want to hear this.

People can keep telling you this until they are blue in the face, and you can stick your fingers in your ears and ignore the advice we are giving, but it is not going to change your situation.

Go home to Canada, and get your dad to petition again. You are going to have to be patient though. Your two previous petitions (one likely to have been successful, one not) will mean that your case will be throwing up some red flags. It could take years.

You have found yourself in a very sticky situation, but if you ignore this, you could get yourself in a lot of trouble and risk being banned from the US.

I hope i have made myself clear to you. Apologies if you dont understand what we are saying, but I really dont know how else to lay this on the line for you.

People have already made suggestions to you. It just seems that because it isn't the answer you are looking for, you are ignoring them. Which is a waste of our time and our advice.

[thepizzadude 26]

What dont you guys understand. He married a US citizen in Canada. He entered the US legally. He is now filing for adjustment os status. Happens every day, and would probably be approved.

Thanks for understanding my issue.

would you think that now as I am saparating with my wife.can i reactivate my father petition who is now citizen.

please help

You seem to ignore all the people that give you the best advice (that maybe you don't want to hear) and only respond to the one person who offers you a little glimmer of hope... what's up with that?

cuz I filed this AOS case through a lawyer who is very experienced and thats what he suggested.now everyone is saying its a fraud.

I dont know what to do.I want to know what can I do now in this situation.

I know its a heck of a case now but are there any suggestions from people

AAHhhhhhhhhhhhhhhh....you used a laaawwwwyyyeeer well that changes everything, well it only changes the fact that you lost money in the process...how many lawyers did you talk to before you found the one who told you what you wanted to hear and was willing to take your money?

It is hard to tell you what to do, we are not lawyers and you need a good lawyer with immigrations law experience. You should have been asking the question before you did all that you did instead of waiting til everything was messed up.

You kinda put the cart before the horse and its hard for the horse to pull the cart when he keeps running into it.

[belinda63 2,981]

You MUST return to Canada. At this point as soon as your AOS is denied, if it hasn't been already, for failing to show up at the interview....and the AOS will be denied, u no longer have any right to remain in the US.

YOU MUST RETURN TO CANADA.

You have no legal right to remain in the US.

GO BACK TO CANADA and your father must refile his petition. You must wait. If you stay in the US you will incur a ban if you have not already for misrepresentation when u crossed the border with the intent to immigrate and lied and stated it was for visiting.

As your expensive attorney what to do but at this point I am guessing he is not telling you what you want to hear.

You must return to Canada.