Enter the US first then apply for change of status?

[warlord 72]

There are so many misleading consultants and immigration lawyers that don't even know the rules themselves. Many of course moonlight on trying to help those that get in trouble with immigration laws. Hence a nice set up for you to get in trouble, then since you already have their number, you can pay them 1000's more to try and lift the ban on your spouse or the barring of entering the US etc.

As mentioned, what they don't tell you is how many get into trouble, if so they wouldn't be making any money.

First entering with your spouse saying that it's only a visit will raise the flag at the POE and they'll most likely not believe you (which they shouldn't since you are planning on filing in the US). If you deny you are married and found out, then the real problems will come about and that can be costly, not only to your bank acocunt, but to the future of living in the US anytime soon.

People do things illegally everyday and not all get caught, though it always seems to be the ones that state "everyone else got away with it but me" to be the norm...

[Kathryn41 3,205]

Definitely fire that consultant if you have hired them and don't go back if you haven't. Anyone who freely advocates breaking the law just because others have done so and got away with it does not have your best interests at heart. Visa fraud - using a visa issued for one purpose with the deliberate intent of using it for a totally different purpose - is taken very seriously by USCIS. Misrepresentation of any sort at the border or on any immigration paperwork stands a good chance of being discovered and when discovered will result in anything from a short term ban of several years to a permanent ban of life depending upon the degree and type of misrepresentation.

DCFs are the fastest legal way of getting your spouse to the US. Your biggest concern, as has been mentioned, is proving domicile. There is a pinned thread at the top of this forum that discusses domicile issues.

Seriously, you don't EVER fool around with immigration or take the border lightly. If it is worth your future happiness to have you and your wife and family living in the US, then it is worth doing it legally even if it does cost a few months longer than doing it illegally. At least you will be able to sleep at night and not wonder if your misrepresentation is found out and if your wife will be deported or banned from the US. Even the slightest risk of this happening is just not worth it.

[Marilyn. 340]

a lawyer told us the same thing so we tried it and I was banned from the US for a year... I am lucky that it wasn't longer... so yeah, I wouldn't suggest going that route..

[birdnerd 5]

Unfortunately, DCF is not necessarily the fastest way to immigrate, at least not in Canada, as we seem to be just as affected, if not more so, by the slowdown in Montreal. You do skip some steps (USCIS and NVC), but there's still the massive black hole that is the consulate.

You can get more info and are welcome to join with other Canadian DCFers here.

[mtlgato 2]

Yeah, I'm glad Birdnerd spoke up about this issue. I wouldn't let it affect my decision, if I were you; I'm always in favour of going the most above-board, legal route. But you should know, in advance, that you're going to have to deal with the Montreal consulate and the Montreal consulate is SLOW. Like, horribly slow. And the DCF people who are waiting to get through these days are waiting a long time.

As crazy as it sounds, Canadians seeking the CR1/ IR1 visa actually wait LONGER than applicants from most countries. It took me a long time really to come to believe this, but it is true. And, though this part doesn't seem to make sense either, DCF for Canadian applicants also is very slow.

If I were you, I'd expect my case to take a bit *over* a year. I would hope it wouldn't take 2 years. But I wouldn't go expecting it to take just a few/ several months. I'd say a year or more.

Having a realistic sense of things will help you plan ahead better.

C.

Unfortunately, DCF is not necessarily the fastest way to immigrate, at least not in Canada, as we seem to be just as affected, if not more so, by the slowdown in Montreal. You do skip some steps (USCIS and NVC), but there's still the massive black hole that is the consulate.

You can get more info and are welcome to join with other Canadian DCFers here.

[Anh map 2,098]

The likelihood of there being a problem is, honestly, very low. The consequences of there being a problem are very severe.

Risk is defined as Probability x Consequences. Tiny probabilities x Large consequences = moderate risk.

Moderate risks should be avoided if it is reasonable to do so. And it is here. Doing this properly carries almost zero risk. Taking a moderate risk to save a few months isn't rational, and therefore should not be done.

I like that kind of math. Might have to borrow that calculation for more than immigration circumstances.

[Kathryn41 3,205]

Unfortunately, DCF is not necessarily the fastest way to immigrate, at least not in Canada, as we seem to be just as affected, if not more so, by the slowdown in Montreal. You do skip some steps (USCIS and NVC), but there's still the massive black hole that is the consulate.

You can get more info and are welcome to join with other Canadian DCFers here.

Well, I still think it is the fastest legal way for family based immigration. You avoid the USCIS and NVC steps which consume several additional months for CR-1s and K visas who then get to join you in the line up for the Consulate. DCFs go straight to the Consulate line up. That doesn't mean it's fast - just faster which makes it the fastest legal way to immigrate.

Regardless, even with the wait it beats the illegal way of crossing the border as a pretend visitor knowing you have no intentions of leaving when the 'visit' is over.

Edited August 28, 2010 by Kathryn41

[ashenflowers 5]

On the plus side, with DCF you're together with your spouse for a lot longer than many people are when they're going through the process, even if you have to be apart briefly in the end.

Edited August 28, 2010 by ashenflowers

[Marilyn. 340]

a lawyer told us the same thing so we tried it and I was banned from the US for a year... I am lucky that it wasn't longer... so yeah, I wouldn't suggest going that route..

I just wanted to add that I was found out because they are trained to sniff out people who are lying.. and also I am not the greatest liar .. again I would suggest not going this route...

Edited August 28, 2010 by Marilyn.

[Kathryn41 3,205]

A post promoting illegal activity in violation of TOS has been removed.

. . you agree that when using the Service, you will not:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

IMPORTANT INFORMATION ABOUT FRAUDULENT OR ILLEGAL IMMIGRATION ACTIVITIES

VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board.

For more information on immigration and how immigration fraud affects all members of the immigration community please see USCIS.GOV.

http://www.visajourn...m/content/terms

Edited August 28, 2010 by Kathryn41

[Kimbear 53]

FYI, being interrogated, fingerprinted, and photographed for 3 hours or more, put in tears, having your car and perosnal belonging torn apart, watching your dogs sit in a car on dec 12 and almost freeze, not being able to go to the bathroom and then kicked out of the usa IS NOT FUN. oh did i mention it was my BDAY?....ya

do your self the favour..do it legally, go DCF.

Edited August 29, 2010 by Kimbear

[Flames9_RN 358]

Dont think my post was promoting it at all, but oh well,lol

[Kathryn41 3,205]

Dont think my post was promoting it at all, but oh well,lol

Your post wasn't . A removed post was.