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Filed: Citizen (pnd) Country: Uruguay
Timeline

Hi all! I wanted to post our case cause I've been reading around the forum and haven't found anything like it yet. And we could really use some help.

My boyfriend and I met 4 years ago while he was traveling in South America. We had a brief romance then that turned into friendship while he continued his travels and later on while he returned to the US. In 2008 I received a job offer overseas, and through that job I was able visit North America for the first time in 2009. We met again in May 2009 and have been in a long-distance relationship since. Since May 2009, we have met 7 times. While I was in the US & Canada on business he traveled twice to New York City and once to Toronto to see me. We both traveled to my country together for two weeks in the fall of 2009, and I have visited him three times in the US in 2010 on a tourist visa. I am currently here on my third trip.

I've met his family in the US and he's met mine in my country. I recently quit my job, and went home. I spent a couple of weeks there and decided to come one last time to the US to visit my boyfriend before my tourist visa expired (It expires in July) and before I settled once more back home.

Having been here for 3 weeks we've both realized that we want to be together and stop the long-distance relationship. We don't think we can be apart any longer. That's when he proposed and I accepted. We're looking forward to getting married and having a life together, however we are concerned with our application to change our status. More specifically we are concerned with the evidence and the intention when entering the US. We would plan to get married before my tourist visa runs out, and remain together in the US while sorting out the paperwork.

When I entered the US,it was the 3rd time I entered in the same port to visit the same person,therefore, there were a few more questions than the first time. That is to say, they asked who was the person I was visiting and where had I met him. Having answered these questions I was let through. Since I haven't been in my country for a long period of time (it was 2 weeks from my returning from my job overseas to coming to the US) I have no ties, no job, no bills. However, I do have most of my personal belongings there. This trip was just a vacation trip on which I brought some of my summer clothes, my mobile phone and my camera.

How can I prove, in my case, that I had no intent to marry when I arrived in the States?

As well, we've been trying to do some research on the subject and we notice that everyone advises to get married after 60 days or more, what happens if we don't? Will our application be denied?

Last but not least we want to know when can I start working/studying once we have applied. We're particularly interested in me being able to study or do something productive with my time.

Thank you for your time in reading our case. : )

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Filed: Citizen (pnd) Country: Uruguay
Timeline

Thanks Life'sJourney for the reply. I have been reading the site. And I know all cases look similar, however, I have not read anything about how to prove that your intent was just for leisure when you don't have much proof of your ties to your home. In fact if I understand the link you provided correctly, the wife in that case will be returning to her country and then from there filing the paperwork as spouse.

What is really bugging me right now is how long the process will take and how can I prove that I had no plans of getting married when I arrived.

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Filed: Citizen (apr) Country: Jamaica
Timeline

http://www.visajourney.com/content/i130guide2

I just wrote a few paragraphs then my browser shut down...

1. No set length for AOS as it depends on your local office, RFEs (if any), evidence etc.

2. I placed a link up top as a start for your process


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01/06/10 - Got Married

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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You need to focus on the proof of your relationship, not the proof of intent.

From my own experience: I got married on a tourist visa. Before leaving my home country to come here, I quit my job and terminated my apartment lease (I wasn't sure how long will I stay here out of my 6 months allowed before going back), I met my now-husband here and my intent never came up at the green card interview.


02/12/2010 - Sent AOS package to Chicago Lockbox

02/23/2010 - NOA received for I-485, I-130 and I-765 (Day 11)

03/05/2010 - letter of appointment for Biometrics received (Day 22)

03/05/2010 - I-130 touched. (Day 22)

03/18/2010 - Biometrics taken! (Day 35)

03/19/2010 - I-485 and I-765 Touched. (Day 36)

04/08/2010 - Interview letter received (Day 56)

05/05/2010 - Touch on I-485 (Day 83)

05/06/2010 - Touch on I-130 (Day 84)

05/06/2010 - EAD Card production ordered!

05/21/2010 - Interview @ 8.50AM (Day 99)

05/21/2010 - INTERVIEW APPROVED! (Day 99)

05/24/2010 - Touch on I-485 and I-130(Day 102)

05/24/2010 - Card Production Ordered on May 21!! (Day 102)

05/26/2010 - Card Production Ordered AGAIN. Mhm... (Day 104)

05/26/2010 - EAD Received! (Day 104)

05/27/2010 - I-130 Approval notice and Green Card Welcome Letter received (Day 105)

06/18/2010 - Green Card RECEIVED!!!

06/22/2010 - Applied for SSN

06/30/2010 - SSN received!!

06/30/2010 - Applied for DL...

07/24/2010 - DL and ID Received!!!

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Filed: Other Timeline

In your specific case, the way you described it, intent will not be made an issue at all. As it has been stated correctly by OCPlastique, the Immigration Officer at the AOS interview will try to determine whether or not your marriage is "real." He or she won't try to figure out whether or not you intended to get married when you arrived at US shores.

The issue of intent has been discussed excessively here at VJ. Just to put your mind to ease, if you were already married to a US citizen when you entered with a tourist visa, it could be easier evaluated as a sign that you intended to stay in the US with your husband when you entered. But in your case you'll be fine. I still suggest (don't want to get into this right now) that you wait a least 31 days (trust me) after you entered the US (that was a bit more than 3 weeks ago, right?) before getting married.

Final word of advice: in my personal opinion, a nice wedding with your husband's family and friends present, where you look happy, eat, drink, dance and enjoy, all documented with photos in a dedicated album, is pretty much the most important piece of evidence you can have at the interview.

Welcome to America.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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