AOS from Tourist Visa-Canadian

[CAN2US 0]

So I have been posting topics, going through the forums, reading people's replies...and it's just getting so confusing...I know there are tons of Canadians out there who used the VWP to get into US, did the AOS, and got their greencard...

However, what I don't understand is, if your in a situation where you "suddenly" got married without having any intention and you file for an AOS...then you start freaking out about the interview and whether they will ask if your "intentions" were true...AND if this is a "bonafide marriage"... so is "Intent" given more importance than a "bonafide marriage"...?

Because I am reading up on peoples situations as to how they didn't have a job when they left Canada, came on a holiday to US, suddenly got married and now they are collecting proof about their intention...some say that they knew their spouse for awhile but then things worked out and suddenly they got married...

Others say that its best to not get married so early...go through the 30/60/90 day rule...but seriously...how do you really know whats the best time to apply and when can you know that your application is in process and you have a legal status...that is when you get the NOA1?

The other issue is, some people have a hard time getting their names onto anything as they don't have a SSN, which they can't have until they have their greencard?? Is that true?? Or can they apply for one when the application is in process...??

I don't understand why USCIS makes it legal for one to adjust their status if they entered US legally but then give them a hard time about proving their intentions...I mean...you can't control what one does...when you let a person enter your country then you should be prepared....that...yeah...they can meet an American...fall in love...and marry...or they have know this American for a while...the relationship worked out...and they got married in Vegas...

Other people say that its a good thing to do the AOS WVP as it makes the line shorter for other people that can't get a tourist visa-as it allows their application to be processed faster...

I don't understand how someone can be denied permanency residency failing to provide enough evidence of "intent"...AND especially when they have a "bonafide marriage" to a USC...

You guys get what I am saying??

I get the feeling that if immigration law was so straight up...cut and dry...then why would we have immigration lawyers? seriously.

Please enlighten me.

[familyguy 2]

Canada is not a VWP country - other than that great troll - duh

[Kittykisses73 1]

First take a deeeeeep breath! That's better.

From someone who adjusted from VWP, they are more concerned about the bonafide marriage than intent. My husband came here for a visit shortly after leaving a job. He had no lease because he lived with & took care of his father. He has family there & had a bank account. They ask about those things, but they did not grill us. She was more interested in our marriage than what happened prior to that.

Your gonna get lots of helpful posts & lots of nasty ones, but as long as you had no intent you will be fine

[Melian 0]

They never even asked us about intent. We got married after Christian had been in the country 56 days.

As for the SSN, you can get one as soon as you have the EAD, but you also don't need it for everything - we already had a joint bank account, lease, and car insurance without it.

[antda 13]

Hi Everyone,

No, it's not illegal to came to the US and got married while down here for a visit from Canada. As long as one came here WITHOUT the intention to get married in the first place on their visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in the same situation before too, as I came over to visit my long-term boyfriend (now husband), on a tourist visa from Canada for 2 weeks (they made me get a visa, even though Canadians are generally exempt from such, but it worked out as a good thing in my case, as that proved my status here, which I could later adjust to permanent residency), and then ended up getting married here in the USA within those two weeks, and overstayed a few months, and then filed the AOS paperwork with immigration. And yes, I did get approved and got my green card afterwards.

Yes, I understand that you can't add your name to certain things (more so formally and financially) without an SSN and Green Card. However, there are other non-formal and non-financial ways to add your name to things and to prove your marriage/relationship, such as (as I mentioned before): cards, letters, photos, mail, e-mail, correspondence, etc. For my AOS inteview, I didn't have a SSN or a Green Card yet (lol..I needed to pass the AOS interview to get such)...So I couldn't do any joint stuff formally and financially there, but they still required joint evidence nevertheless, as stated on the interview letter. So, I just included everything else that I had that showed our relationship and marriage was genuine, no matter what it was. It helps to have joint stuff now, and it helps to have joint stuff later..keep and collect anything and everything that you have, as the USCIS wants to see it all (or most of it anyways)...But I think the thing that got to me was not having an SSN and Green Card, as that's pretty much needed for everything around here in the USA (for example, to get a driver's license and to be added on financial/bank information and for medical insurance), so I wanted my SSN and Green Card quickly because of that too. Besides, the idea of being out of legal status here while I waited didn't sit too well with me either, so I wanted to do the right thing there by being legally here.

Most importantly: Oh and then there's the risk of deportation...I definitely didn't want to be deported and away from my loved ones here in the USA! So definitely needed to be legally here because of that! So thus, needed to file for the AOS and have a Green Card and SSN to stay here in the USA! Oh the things one does for love...

As for intent to marry..as long as you didn't have intent to marry when you came here for a visit, then that's fine, and explain accordingly when specifically asked about such. Just tell the truth there...You didn't make any plans to get married beforehand, and your purpose to come here was not to get married (lol..otherwise you would have applied on a fiance or spousal visa instead)...They should be ok with that...

During the AOS interview I also brought along: the documentation and forms listed, photos (lol...they really liked those), correspondences (letters, e-mails, cards, etc.), original copies of all documentation, etc (as suggested in the interview letter for me what else to bring). As well, the lawyer that we hired before, went with us during the interview too, which in our case we found to be helpful. The AOS interview was in Buffalo, NY and only took about 15-20 minutes. Quick and simple, as the Immigration Officer only asked us a few questions and they showed them the forms and required listed evidence.

Needless to say we were approved and got my 2yr green card ...3 months/84 days later....

See my detailed VJ timeline below (the link is in my signature) for more information....

Hope this helps. Good luck with the rest of your immigration journey too.

Ant

Edited October 12, 2009 by Ant+D+A

[visacheck 3]

So I have been posting topics, going through the forums, reading people's replies...and it's just getting so confusing...I know there are tons of Canadians out there who used the VWP to get into US, did the AOS, and got their greencard...

However, what I don't understand is, if your in a situation where you "suddenly" got married without having any intention and you file for an AOS...then you start freaking out about the interview and whether they will ask if your "intentions" were true...AND if this is a "bonafide marriage"... so is "Intent" given more importance than a "bonafide marriage"...?

Because I am reading up on peoples situations as to how they didn't have a job when they left Canada, came on a holiday to US, suddenly got married and now they are collecting proof about their intention...some say that they knew their spouse for awhile but then things worked out and suddenly they got married...

Others say that its best to not get married so early...go through the 30/60/90 day rule...but seriously...how do you really know whats the best time to apply and when can you know that your application is in process and you have a legal status...that is when you get the NOA1?

The other issue is, some people have a hard time getting their names onto anything as they don't have a SSN, which they can't have until they have their greencard?? Is that true?? Or can they apply for one when the application is in process...??

I don't understand why USCIS makes it legal for one to adjust their status if they entered US legally but then give them a hard time about proving their intentions...I mean...you can't control what one does...when you let a person enter your country then you should be prepared....that...yeah...they can meet an American...fall in love...and marry...or they have know this American for a while...the relationship worked out...and they got married in Vegas...

Other people say that its a good thing to do the AOS WVP as it makes the line shorter for other people that can't get a tourist visa-as it allows their application to be processed faster...

I don't understand how someone can be denied permanency residency failing to provide enough evidence of "intent"...AND especially when they have a "bonafide marriage" to a USC...

You guys get what I am saying??

I get the feeling that if immigration law was so straight up...cut and dry...then why would we have immigration lawyers? seriously.

Please enlighten me.

My situation was far more complicated than yours. I was already married to my wife before i entered the US with a tourist visa. i could have been easily denied AOS but i was never asked about intent on my interview. Most if not all VJ'ers who went through the K and CR visa would say no you cant adjust status because suddenly getting married after entry would show intent, blah blah blah. To them, there is no way you can prove that you had no "intent" when you came to the US.

There is really no concrete proof on intent. That goes for you and USCIS. They cant just deny AOS because of suspicion on intent. That is why they are more strict on the marriage. Why do u think you have to show bunch of wedding pictures, joint accounts, joint lease, etc, etc. Thats because they wanna make sure the marital union is legit.

Lets say i was in your situation and i was able to prove to USCIS that i had no intent when i came to the US. You think they'll approve my greencard just like that?! HELL NO! Thats because they dont approve or deny based on intent.

[CAN2US 0]

Hi Everyone,

No, it's not illegal to came to the US and got married while down here for a visit from Canada. As long as one came here WITHOUT the intention to get married in the first place on their visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in the same situation before too, as I came over to visit my long-term boyfriend (now husband), on a tourist visa from Canada for 2 weeks (they made me get a visa, even though Canadians are generally exempt from such, but it worked out as a good thing in my case, as that proved my status here, which I could later adjust to permanent residency), and then ended up getting married here in the USA within those two weeks, and overstayed a few months, and then filed the AOS paperwork with immigration. And yes, I did get approved and got my green card afterwards.

Yes, I understand that you can't add your name to certain things (more so formally and financially) without an SSN and Green Card. However, there are other non-formal and non-financial ways to add your name to things and to prove your marriage/relationship, such as (as I mentioned before): cards, letters, photos, mail, e-mail, correspondence, etc. For my AOS inteview, I didn't have a SSN or a Green Card yet (lol..I needed to pass the AOS interview to get such)...So I couldn't do any joint stuff formally and financially there, but they still required joint evidence nevertheless, as stated on the interview letter. So, I just included everything else that I had that showed our relationship and marriage was genuine, no matter what it was. It helps to have joint stuff now, and it helps to have joint stuff later..keep and collect anything and everything that you have, as the USCIS wants to see it all (or most of it anyways)...But I think the thing that got to me was not having an SSN and Green Card, as that's pretty much needed for everything around here in the USA (for example, to get a driver's license and to be added on financial/bank information and for medical insurance), so I wanted my SSN and Green Card quickly because of that too. Besides, the idea of being out of legal status here while I waited didn't sit too well with me either, so I wanted to do the right thing there by being legally here.

Most importantly: Oh and then there's the risk of deportation...I definitely didn't want to be deported and away from my loved ones here in the USA! So definitely needed to be legally here because of that! So thus, needed to file for the AOS and have a Green Card and SSN to stay here in the USA! Oh the things one does for love...

As for intent to marry..as long as you didn't have intent to marry when you came here for a visit, then that's fine, and explain accordingly when specifically asked about such. Just tell the truth there...You didn't make any plans to get married beforehand, and your purpose to come here was not to get married (lol..otherwise you would have applied on a fiance or spousal visa instead)...They should be ok with that...

During the AOS interview I also brought along: the documentation and forms listed, photos (lol...they really liked those), correspondences (letters, e-mails, cards, etc.), original copies of all documentation, etc (as suggested in the interview letter for me what else to bring). As well, the lawyer that we hired before, went with us during the interview too, which in our case we found to be helpful. The AOS interview was in Buffalo, NY and only took about 15-20 minutes. Quick and simple, as the Immigration Officer only asked us a few questions and they showed them the forms and required listed evidence.

Needless to say we were approved and got my 2yr green card ...3 months/84 days later....

See my detailed VJ timeline below (the link is in my signature) for more information....

Hope this helps. Good luck with the rest of your immigration journey too.

Ant

Hey Everyone....thanks sooo much for replying back and everything...really means a lot...

I had a couple of questions...haha...I know it just doesn't end...but "Ant" how did you overstay a couple of months? I thought, once you file for an AOS then you are legally in the US until the application is complete...right? ...if you had already applied for an AOS then how would you over stay?

That was pretty strange getting a visa when your eligible for a VWP...really...but I guess it worked for you...

[Starburst 4]

I overstayed a long time (lack of funds to file AOS was the reason)

It was just under 3 years when we filed our AOS. The entire time I was terrified that I could get deported or arrested then deported. anything.

It's not a great feeling. It's stressful, scary and I wish we had done it the right way in the beginning.

Whatever you do, tell the truth and make sure you gather up as much stuff as possible!

Let me know if you have any questions about my AOS process

Good Luck!

/ Star

[CAN2US 0]

So I have been posting topics, going through the forums, reading people's replies...and it's just getting so confusing...I know there are tons of Canadians out there who used the VWP to get into US, did the AOS, and got their greencard...

However, what I don't understand is, if your in a situation where you "suddenly" got married without having any intention and you file for an AOS...then you start freaking out about the interview and whether they will ask if your "intentions" were true...AND if this is a "bonafide marriage"... so is "Intent" given more importance than a "bonafide marriage"...?

Because I am reading up on peoples situations as to how they didn't have a job when they left Canada, came on a holiday to US, suddenly got married and now they are collecting proof about their intention...some say that they knew their spouse for awhile but then things worked out and suddenly they got married...

Others say that its best to not get married so early...go through the 30/60/90 day rule...but seriously...how do you really know whats the best time to apply and when can you know that your application is in process and you have a legal status...that is when you get the NOA1?

The other issue is, some people have a hard time getting their names onto anything as they don't have a SSN, which they can't have until they have their greencard?? Is that true?? Or can they apply for one when the application is in process...??

I don't understand why USCIS makes it legal for one to adjust their status if they entered US legally but then give them a hard time about proving their intentions...I mean...you can't control what one does...when you let a person enter your country then you should be prepared....that...yeah...they can meet an American...fall in love...and marry...or they have know this American for a while...the relationship worked out...and they got married in Vegas...

Other people say that its a good thing to do the AOS WVP as it makes the line shorter for other people that can't get a tourist visa-as it allows their application to be processed faster...

I don't understand how someone can be denied permanency residency failing to provide enough evidence of "intent"...AND especially when they have a "bonafide marriage" to a USC...

You guys get what I am saying??

I get the feeling that if immigration law was so straight up...cut and dry...then why would we have immigration lawyers? seriously.

Please enlighten me.

My situation was far more complicated than yours. I was already married to my wife before i entered the US with a tourist visa. i could have been easily denied AOS but i was never asked about intent on my interview. Most if not all VJ'ers who went through the K and CR visa would say no you cant adjust status because suddenly getting married after entry would show intent, blah blah blah. To them, there is no way you can prove that you had no "intent" when you came to the US.

There is really no concrete proof on intent. That goes for you and USCIS. They cant just deny AOS because of suspicion on intent. That is why they are more strict on the marriage. Why do u think you have to show bunch of wedding pictures, joint accounts, joint lease, etc, etc. Thats because they wanna make sure the marital union is legit.

Lets say i was in your situation and i was able to prove to USCIS that i had no intent when i came to the US. You think they'll approve my greencard just like that?! HELL NO! Thats because they dont approve or deny based on intent.

Yeah, because, how can you prove someone about your intentions...like how much can you prove...what can you say...either they are just messed up...trying to psych you out...or they just care about this marriage NOT being a paper marriage...

[sasaqlain 24]

Just don't know the point of the OP! Is he asking for help here or giving his opinion which was never asked for Laws of this land are compiled by Humans only and thus undoubtedly full of flaws. USCIS is understaffed and over worked and thus some get away with it even if they had the intentions and some don't. I don't see any reason discussing this topic unless the OP has a geniune question about his case.

Sorry if I came a bit strong. Good Luck!

[antda 13]

Hi CAN2US,

Not a problem, glad to be able to help you here.. By the way, happy Canadian thanksgiving to you and your family too.

In answer to your questions (lol..that's ok, you can ask...): I overstayed for a couple of months, as I originally came here on a 2 week visitor's visa in April, got married within those two weeks, and stayed. Because of financial issues and that we had to find a co-sponsor, I did not send in my AOS forms until August, and did not get approved until November. So the time between April and August, I was "illegal" here, as my visitor's visa expired, and I had not filed the AOS forms yet. It was kind of scary those months, as I did not know if I could stay or had to go, and could have easily been deportable, with no recourse or other ways appeal my case if I got denied. Needless to say, I felt somehat better when we filed for the AOS finally in August and was on my way to "becoming legal" here, and felt a lot better when I was finally "legal" here when I got my Green Card in November. And yes, all is forgiven for an overstay, as long as one goes through the expensive and long process of being legal here...

Yeah, it was strange that they gave me a visitor's visa too. In fact, when I went for my AOS interview, the immigration officer asked me: "How come they gave your a visitor's visa. I thought they don't give those to Canadians?" (or something like that). To which I said and thought to myself, "I don't know, you tell me, you're an immigration officer, not me......". My guess is because that when I crossed the border, and was interrogated for 2 hours or so, they didnt trust me to go back to Canada (lol..and partly because of their bad treatment, I didn't go back, would have rather stayed then to endure that again and risk the chance of not being able to see my husband again if I went back...).

Needless to say, it all worked out for the best anyways, and I eventually got my green card, and now am going for US citizenship.

See my detailed vj timeline for more information....

Hope this answers your questions. And good luck on your journey too.

Ant

Hey Everyone....thanks sooo much for replying back and everything...really means a lot...

I had a couple of questions...haha...I know it just doesn't end...but "Ant" how did you overstay a couple of months? I thought, once you file for an AOS then you are legally in the US until the application is complete...right? ...if you had already applied for an AOS then how would you over stay?

That was pretty strange getting a visa when your eligible for a VWP...really...but I guess it worked for you...

[Melian 0]

Yes, I understand that you can't add your name to certain things (more so formally and financially) without an SSN and Green Card. However, there are other non-formal and non-financial ways to add your name to things and to prove your marriage/relationship, such as (as I mentioned before): cards, letters, photos, mail, e-mail, correspondence, etc. For my AOS inteview, I didn't have a SSN or a Green Card yet (lol..I needed to pass the AOS interview to get such)...So I couldn't do any joint stuff formally and financially there,

Yes you can. I should add that the way we got a joint bank account was not by adding Christian to my account (we couldn't do that without an SSN) but getting him his own account here and then adding me. The bank wanted him to do some extra paperwork as a non-USC, but that was it. As for the car, he bought a car here, registered it, and got insurance all with no problem before getting his SSN. Well, I shouldn't say no problem, since he had a bit of a hard time coming up with enough ID to satisfy the DMV (they wouldn't accept his German passport as ID), and he did have to show them his receipts from USCIS indicating we had filed with them, but they did end up letting him register the car.

[juliava 80]

CAN2US-I read your posting but to be honest I really don't understand what is exactly your concern.

How can we help you?Do you have difficulties in proving your non-marriage intent or do you have difficulties in proving a bona fide marriage?

Can you be more specific, please?I am just trying to understand your particular situation.

[Kittyfang 6]

CAN2US-I read your posting but to be honest I really don't understand what is exactly your concern.

How can we help you?Do you have difficulties in proving your non-marriage intent or do you have difficulties in proving a bona fide marriage?

Can you be more specific, please?I am just trying to understand your particular situation.

If I may, it feels to me like she just started looking into AoS. When you start, it is very confusing and you feel like your hunting 57 rabbits at once.

I overstayed a long time (lack of funds to file AOS was the reason)

It was just under 3 years when we filed our AOS. The entire time I was terrified that I could get deported or arrested then deported. anything.

It's not a great feeling. It's stressful, scary and I wish we had done it the right way in the beginning.

Whatever you do, tell the truth and make sure you gather up as much stuff as possible!

Let me know if you have any questions about my AOS process

Good Luck!

/ Star

Starburts! This is similar to me. Except that I came here, stayed 6 months, then got married and overstayed for 2.5 years. We are filing soon. I'm so happy/terrified about that. Did you have any questions/problems about having overstayed for so long?

[Starburst 4]

CAN2US-I read your posting but to be honest I really don't understand what is exactly your concern.

How can we help you?Do you have difficulties in proving your non-marriage intent or do you have difficulties in proving a bona fide marriage?

Can you be more specific, please?I am just trying to understand your particular situation.

If I may, it feels to me like she just started looking into AoS. When you start, it is very confusing and you feel like your hunting 57 rabbits at once.

I overstayed a long time (lack of funds to file AOS was the reason)

It was just under 3 years when we filed our AOS. The entire time I was terrified that I could get deported or arrested then deported. anything.

It's not a great feeling. It's stressful, scary and I wish we had done it the right way in the beginning.

Whatever you do, tell the truth and make sure you gather up as much stuff as possible!

Let me know if you have any questions about my AOS process

Good Luck!

/ Star

Starburts! This is similar to me. Except that I came here, stayed 6 months, then got married and overstayed for 2.5 years. We are filing soon. I'm so happy/terrified about that. Did you have any questions/problems about having overstayed for so long?

The question never came up in my interview. The only thing even close to it they asked me was if when I last entered, was it to visit my now husband.

Feel free to PM me with any other questions!

/Star