ive got a question for yall

[Undefined 4]

Ok so I got a bit of info on my way. Today at the gym I was talking to this man and he knows about my situation and he said that he knew someone else too that went to the States to be with her guy. She visit him and he visit her. He came in the last time and they married here in Canada. And they both went back together and settled there and now she's waiting on her Green Card there. Is this possible? Could I do this? Is it too late? And if its possible even tho I filed I-129F form for K-1 Fiancee Visa. Can I still do it? thanks.

[Dan J 277]

Ok so I got a bit of info on my way. Today at the gym I was talking to this man and he knows about my situation and he said that he knew someone else too that went to the States to be with her guy. She visit him and he visit her. He came in the last time and they married here in Canada. And they both went back together and settled there and now she's waiting on her Green Card there. Is this possible? Could I do this? Is it too late? And if its possible even tho I filed I-129F form for K-1 Fiancee Visa. Can I still do it? thanks.

Its sort of a grey scenario. Its allowed in a certain case, but it can also result in denial due to visa fraud.

You can adjust from other visa outside of the K visas and IR-1/CR-1. If upon last entry you never had intent to immigrate. Its sort of a difficult thing to prove either way. But if the officer processing the case determines that fraud was involved it will result in a lifetime ban.

Can you do it? With a pending K-1 visa do you think you can prove no intent to immigrate? Even if you cancel the petition, a record of it would stay in your "file" and it would come up in an AOS interview.

[Undefined 4]

Its sort of a grey scenario. Its allowed in a certain case, but it can also result in denial due to visa fraud.

You can adjust from other visa outside of the K visas and IR-1/CR-1. If upon last entry you never had intent to immigrate. Its sort of a difficult thing to prove either way. But if the officer processing the case determines that fraud was involved it will result in a lifetime ban.

Can you do it? With a pending K-1 visa do you think you can prove no intent to immigrate? Even if you cancel the petition, a record of it would stay in your "file" and it would come up in an AOS interview.

Thanks! I'll just wait until I get my visa. yeah that what I thought. I filed it already so might look weird. but thought i would ask lol. ok so this is settled. thanks once again

[Kathryn41 3,205]

Ok so I got a bit of info on my way. Today at the gym I was talking to this man and he knows about my situation and he said that he knew someone else too that went to the States to be with her guy. She visit him and he visit her. He came in the last time and they married here in Canada. And they both went back together and settled there and now she's waiting on her Green Card there. Is this possible? Could I do this? Is it too late? And if its possible even tho I filed I-129F form for K-1 Fiancee Visa. Can I still do it? thanks.

The other point to realize here is that while they did this, it is visa fraud - she entered the US as a visitor with the intention of immigrating - and she has not yet received her green card. She may very well find herself denied, facing a quick return to Canada and additional 'consequences' of the fraud and misrepresentation. I realize it is frustrating waiting while doing things the right way but just remember that this is 'short term 'pain in the greater picture and will get you 'long term' gain - without worries or having to look over your shoulder that USCIS has 'discovered' you committed fraud/lied.

[warlord 72]

Plus a lot of these "met someone who has a friend" stories usually don't know all the details themselves and just think that's what their friends did. I knew many who said they knew someone that just walked across the border and got a job or got married etc. Only to find out it was their parents friends back in the 50's that did that (when you really could) or that they actually had to get work permits or finance visa's etc. The good friend didn't know those details that their friend had gone through and just assumed they walked right across and was fine. I know several of those stories relayed to me and upon further investigation, it wasn't as simple as that...

[Udella&Wiz 325]

Agree with what Warlord said.....you'll find most Cdn's have no clue what's really involved with immigrating to the US and they don't have the full details. You don't want to commit VISA fraud...they can ban you among otehr things for a certain period and then wouldn't you be in a pickle!

I know a couple here in the US who have done just that - married on a whim(so they say)and decided to stay and are apply for AOS and frankly they are being dragged through the mud about what their intent was when she first came here....I mean really - wouldn't you rather be able to work while you wait and visit one another and do it legally then be stuck in some immirgation process down here in the US - unable to go home for visits and unable to work?

Patience girl!

[antda 13]

(lol..I've posted this before on VJ...but I thought it would help here too...)

Hi Everyone,

Yes, visitor to aos is perfectly to do...(lol...I for one have done such...see my vj timeline...)

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in this situation before too, as I came over to visit my boyfriend (now husband), on a B2 tourist visa and an I-94 for 2 weeks (which are rare for Canadians, as Canadians generally don't need visas to visit the USA), and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

However in the OP's situation....Don't do what I did! Do not go from visitor to aos! Because....

YOU HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT so you're probably better off filing for:

-A K1 (fiance visa...go back to your former country, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

Hope this helps too..Good luck on your journeys too..

Ant

[Udella&Wiz 325]

A side note - considering that you've already filed a K1 petition with them - US immigration knows you have intent to marry. i think you'd have a hard time convincing them that all of a sudden you decided to get married while there when you're already involved in a K1. They might even think that you knew the rules and were trying to circumvent them...which honestly, you would be...knowing what you know now.

[Flames9_RN 358]

You will find a lot of people saying "oh u just have to marry a USA citizen and ur fine" or "u marry a USA citizen, and you automatically become a USA citizen!" all not true.

[warlord 72]

You will find a lot of people saying "oh u just have to marry a USA citizen and ur fine" or "u marry a USA citizen, and you automatically become a USA citizen!" all not true.

I have read posts on another board a few times with people asking how soon they get their US passport after getting married. Or many that seem to think they are now citizens when they get their Green Cards. I still shake my head, but laugh at the follow up posts of everyone trying to explain that these people are nowhere near being US citizens and will not be getting any US passport except out of back allyways in Tijuana...

[Flames9_RN 358]

The memories of Tijuana and tequilla,lol

[Undefined 4]

Thanks for everyone replies. It was just a question of curiosity. Im not trying to break no rules. I know I have to stay on the K-1 Process now. But was just curious. Ive learned alot in the past month. But thanks to myself and to some U.S. Customs negligence, rudeness, discrimination and being unprofesional. How ironic huh? They think they are better then everone else. But forget to inform you, when trying to insult or acccuse you of something you didnt do because they are lazy or discriminating. Anyways I know the process and how this ####### works. Its ridiculous and unnecessary knowing they are the actual criminals. But I understand, realize and Im patient, determined, nice and strong. Thanks once again.

Now that we settled this. Ive got another question. People been saying on this forum. That I can visit my Fiancee during the K-1 Process. Is this true? p.s can never have enough 2nd opinions lol.

[mtlgato 2]

You can visit your fiance during the K-1 process if you've maintained ties to Canada and in good faith intend to return after your visit, but the border guard has discretion on this point. He/ she *can* decide that your ties to Canada are not convincing enough. The guard may not even bother to ask you for evidence of ties, and just let you through no problem. Or he/ she may ask for evidence...and I believe that, in your particular case (if I remember rightly) you *could* have some trouble since you don't have a job or a home of your own. Ideally, you want to have with you a letter from your employer stating what your occupation is and when you're expected back...and/ or you want a mortgage or rental agreement.

C.

Thanks for everyone replies. It was just a question of curiosity. Im not trying to break no rules. I know I have to stay on the K-1 Process now. But was just curious. Ive learned alot in the past month. But thanks to myself and to some U.S. Customs negligence, rudeness, discrimination and being unprofesional. How ironic huh? They think they are better then everone else. But forget to inform you, when trying to insult or acccuse you of something you didnt do because they are lazy or discriminating. Anyways I know the process and how this ####### works. Its ridiculous and unnecessary knowing they are the actual criminals. But I understand, realize and Im patient, determined, nice and strong. Thanks once again.

Now that we settled this. Ive got another question. People been saying on this forum. That I can visit my Fiancee during the K-1 Process. Is this true? p.s can never have enough 2nd opinions lol.

[mtlgato 2]

Oh...I should have said, too: A good option, under the circumstances, may be to have your fiance visit *you.* Since he has no immigration case pending in Canada, he should be treated just like any American visitor. For extra peace of mind, he could carry with him a copy of your K-1 application (or, better yet, the "Notice of Action" receipt notice from USCIS) to prove that you're the one intending to immigrate, not him...but in my own experience (though I have an American husband, not fiance) this extra precaution hasn't yet been necessary.

C.

You can visit your fiance during the K-1 process if you've maintained ties to Canada and in good faith intend to return after your visit, but the border guard has discretion on this point. He/ she *can* decide that your ties to Canada are not convincing enough. The guard may not even bother to ask you for evidence of ties, and just let you through no problem. Or he/ she may ask for evidence...and I believe that, in your particular case (if I remember rightly) you *could* have some trouble since you don't have a job or a home of your own. Ideally, you want to have with you a letter from your employer stating what your occupation is and when you're expected back...and/ or you want a mortgage or rental agreement.

C.

[Hugglebuggles 60]

mtlgato, why would you think you can't visit during the process? Did someone tell you this or did you read it somewhere? Because they are most definitely wrong. A lot of us visited multiple times while our visas were processing and it wasn't an issue. I crossed the border at least half a dozen times while our K-1 was processing and was never asked for any prof of ties to Canada or for my K-1 paperwork. Of course it is definitely in your best interest to bring this information, but they may not even ask for it. There is definitely no law or "rule" saying you can't visit. If you are denied entry it won't have an impact on your visa (provided you didn't lie or try to enter illegally). You really have nothing to lose other than maybe the cost of a plane ticket.