Clarifications about Intent

[Kittyfang 6]

If the adjustment applicant is married to a USC, then the USCIS does NOT have the option of deciding whether to deny the adjustment based on prior intent. The BIA appeals court has already made the decision for them. An immediate family member of a USC CANNOT be denied adjustment because of prior intent, working without authorization, or overstay. They can deny an adjustment for other adverse factors, but not those 3. If you find a post suggesting that an immediate family member was grilled or even questioned relating to one of those 3 factors, then I suggest the poster is either a grossly misinformed third party, a liar, or just simply ignorant.

Thank you for stopping by john_and_marlene! I remember you saying something of the sort in the past and from my random googling, it is pretty much what I've heard as well. I found this: http://www.gotcherlaw.com/Resources/CIS/matter_of_cavazos.html

In my situation, I know there was no intent, but until they invent mind readers, I will have to make sure our case is solid and proves our bona fide marriage.

[john_and_marlene 162]

I know there was no intent, but until they invent mind readers, I will have to make sure our case is solid and proves our bona fide marriage.

You continue to overthink this. Noone needs to read your mind regarding intent. It IS NOT an issue for you.

[Alla 3]

If the adjustment applicant is married to a USC, then the USCIS does NOT have the option of deciding whether to deny the adjustment based on prior intent. The BIA appeals court has already made the decision for them. An immediate family member of a USC CANNOT be denied adjustment because of prior intent, working without authorization, or overstay. They can deny an adjustment for other adverse factors, but not those 3. If you find a post suggesting that an immediate family member was grilled or even questioned relating to one of those 3 factors, then I suggest the poster is either a grossly misinformed third party, a liar, or just simply ignorant.

Wow...that's interesting. Now I'm for sure relaxed

[ValerieA 350]

I feel much better about doing AOS after reading this thread. Thanks, everyone! You rock!

[Kittyfang 6]

hehe, I'm feeling better about it all as well. As he said, it's just a matter of not over thinking it. Easier said than done!

[ValerieA 350]

Not for me.

[john_and_marlene 162]

Easier said than done!

I suppose the alternative is to repost the same concern over and over again until people stop responding to the posts entirely.

[Kittyfang 6]

I suppose the alternative is to repost the same concern over and over again until people stop responding to the posts entirely.

I wasn't insinuating that it's bad advice, nor did I want to re-post this post. I was just stating a fact. At the end of the day, it IS a stressful process and wanting to not worry about it is easier than actually not worrying about it.

[Alla 3]

I wasn't insinuating that it's bad advice, nor did I want to re-post this post. I was just stating a fact. At the end of the day, it IS a stressful process and wanting to not worry about it is easier than actually not worrying about it.

I was also very stressed before filling and during collecting everything. But after mailing it out I relaxed and read great advices that really helped not to worry about it. I had a million of "what if" but now I'm very confident that I have nothing to be afraid of but IO's attitude. Truth will always take over. There are appeals and judges and other things that can help you if IO won't like or believe you.

This is a great topic and will definitely reread it before my interview!

[Kittyfang 6]

I was also very stressed before filling and during collecting everything. But after mailing it out I relaxed and read great advices that really helped not to worry about it. I had a million of "what if" but now I'm very confident that I have nothing to be afraid of but IO's attitude. Truth will always take over. There are appeals and judges and other things that can help you if IO won't like or believe you.

This is a great topic and will definitely reread it before my interview!

I know what you mean! I'm not sure I can appeal if the IO decides he doesn't like me. I have an Overstay, so that doesn't allow appeals, but at any rate, I think I have covered pretty much every "What ifs"... Now, I just need to settle down, get my paperwork together, mail it in and wait... And maybe have another freak out or two!

[MacTO 6]

If the adjustment applicant is married to a USC, then the USCIS does NOT have the option of deciding whether to deny the adjustment based on prior intent. The BIA appeals court has already made the decision for them. An immediate family member of a USC CANNOT be denied adjustment because of prior intent, working without authorization, or overstay. They can deny an adjustment for other adverse factors, but not those 3. If you find a post suggesting that an immediate family member was grilled or even questioned relating to one of those 3 factors, then I suggest the poster is either a grossly misinformed third party, a liar, or just simply ignorant.

If I had known this or at least got myself familiar with this idea, I would've never worried so much, although I must admit that i kept thinking that... you never know.

But it makes sense.

I had my share of worries regarding the intent issue that the IO might've delved further into, but he didn't. That's when I realized that the intent isn't the key issue they're looking at. (Of course, you should be clear of all the eye browse raising stuff... background check and whatnot.) It is the USC. Our IO had a good conversation with my USC wife and he hardly checked all the documentation that I submitted along with the AOS applications. Of course, I assume that he skimmed through all the required documentation, but, to me he didn't necessarily want to look into the photos as evidence, either.

Like my wife said before going in, I was too paranoid about the whole intent issue and went overboard collecting 'evidence' to show that our marriage is bona fide and legit, which was never shown to the IO. He never asked for anything else, other than what he already had in 'my' case file. What evidence did I have? One: a copy of our joint bank account signed by the branch manager (because we didn't have monthly statements showing our both names then yet) and two: 20 something photos.

When my wife and I walked out of his office in 15 minutes, I truly believe that the IO can tell if it is bona fide or not. I'm glad that it's over. For now anyway.

Cheers.

Edited May 6, 2010 by MacTO

[Kittyfang 6]

If I had known this or at least got myself familiar with this idea, I would've never worried so much, although I must admit that i kept thinking that... you never know.

But it makes sense.

I had my share of worries regarding the intent issue that the IO might've delved further into, but he didn't. That's when I realized that the intent isn't the key issue they're looking at. (Of course, you should be clear of all the eye browse raising stuff... background check and whatnot.) It is the USC. Our IO had a good conversation with my USC wife and he hardly checked all the documentation that I submitted along with the AOS applications. Of course, I assume that he skimmed through all the required documentation, but, to me he didn't necessarily want to look into the photos as evidence, either.

Like my wife said before going in, I was too paranoid about the whole intent issue and went overboard collecting 'evidence' to show that our marriage is bona fide and legit, which was never shown to the IO. He never asked for anything else, other than what he already had in 'my' case file. What evidence did I have? One: a copy of our joint bank account signed by the branch manager (because we didn't have monthly statements showing our both names then yet) and two: 20 something photos.

When my wife and I walked out of his office in 15 minutes, I truly believe that the IO can tell if it is bona fide or not. I'm glad that it's over. For now anyway.

Cheers.

I`m glad that things went well for you guys! Thx for sharing! As you`ve said, they just want to know that you married for the right reasons... Now, if only I could keep that in my head and block out the stress lol!

[MacTO 6]

I`m glad that things went well for you guys! Thx for sharing! As you`ve said, they just want to know that you married for the right reasons... Now, if only I could keep that in my head and block out the stress lol!

Quickly. Yeah, it's not that easy to block out all the stress. And sometimes you think that your significant someone wouldn't understand that. After all, he's not the one who is going through it. My wife told me that. She thought I was going way overboard in collecting the evidence for the interview, and told me to relax hundreds of times... well, yeah, I wished I could've at that time.

I also met my then girlfriend/future wife online, travelled to see her in person first, and we travelled back and forth between T.O. and the U.S. cities quite some time. You know the drill. Our IO asked how we met, by the way, although he wasn't aware of the specific online dating website. I wanted to point that out. Good luck.

Cheers.

Edited May 7, 2010 by MacTO

[Kittyfang 6]

Quickly. Yeah, it's not that easy to block out all the stress. And sometimes you think that your significant someone wouldn't understand that. After all, he's not the one who is going through it. My wife told me that. She thought I was going way overboard in collecting the evidence for the interview, and told me to relax hundreds of times... well, yeah, I wished I could've at that time.

I also met my then girlfriend/future wife online, travelled to see her in person first, and we travelled back and forth between T.O. and the U.S. cities quite some time. You know the drill. Our IO asked how we met, by the way, although he wasn't aware of the specific online dating website. I wanted to point that out. Good luck.

Cheers.

Thx!

I can understand how your wife feels. My husband and his family are always telling me to relax. They have no worries about it.

Edited May 7, 2010 by Kittyfang

[GabiandVi 34]

If the adjustment applicant is married to a USC, then the USCIS does NOT have the option of deciding whether to deny the adjustment based on prior intent. The BIA appeals court has already made the decision for them. An immediate family member of a USC CANNOT be denied adjustment because of prior intent, working without authorization, or overstay. They can deny an adjustment for other adverse factors, but not those 3. If you find a post suggesting that an immediate family member was grilled or even questioned relating to one of those 3 factors, then I suggest the poster is either a grossly misinformed third party, a liar, or just simply ignorant.

This is very interesting. I understand Kittyfang's concerns. We had the same concerns.

I did some research when we changed our plans and decided to apply for AOS, and my impressions were that USCIS didn't really care about intent when the AOS applicant was the spouse of a USC, but I didn't realize that it was that they couldn't care. Like Kittyfang, we worried that we might be end up being the case they decided to make a lesson out of and we'd have to prove a negative - an impossible task. It was a bit stressful sending off the application.

What I don't understand is why even lawyers will tell you that it's a risk.

As for working without authorization, my husband and I fight about this almost every day. He is dying to work, but I keep insisting that we can't risk our perfect chances by doing something stupid. Is he right that it doesn't matter?