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When did you plan on getting married?

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Filed: Country: Canada
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I am going to skim through the story of my wife and I just to make things seem as simple as possible. I am asking for help on how to mentally prepare myself for this conversation. I am nervous about an AOS interview coming up in 3 days for my wife. We have all of the needed documents for the interview but the thing that is bothering us is the question, "When did you decide to get married"? We understand that honesty is key and we also understand that we may not even be asked this question, however, if we are asked this question we would like to see if anybody here has any advice to get us prepared for what may come.

I met my wife online. She had recently (within a years time) immigrated from Iran to Canada. I visited my wife a few times after speaking with her online for a few months. On August 17th I asked my wife to marry me, she said yes. : ) Her family was against it. Her father threatened to kill her. We got a restraining order on him, she went to a womens shelter for a few weeks before we got her an apartment and we filed for a K-1 visa.

My wife got a visitors visa to come see me around the time of her birthday, February. When coming to the US she was detained in the airport for nearly 5 hours. They explained to her it was a random security check and that also her father had the same name as someone who was on the no-fly list. After what seemed like forever she finally made it to me in the states.

When the time for her to go home came up we decided that we could not bare to be apart. We also took into account that it was not safe for her to be where she lived with a father who threatened to kill her. After a call to a lawyer they told us that since we did not come to the states with intent to immigrate that we would be ok. We got married about 95 days after her arrival.

We let the K-1 be canceled due to abandonedment (lawyers suggestion) and filed for the AOS and other appropriate documents. So when the question comes up about when we planned on getting married it seems we have to different dates. One before we filed the K-1 and another time when she was here on a visitors visa.

We also wonder what hassle we may get for the fact her family is not supporting us. I can't imagine how it could but I've heard many horror stories about plenty of things that didn't make sense.

So my main concern is, are they automatically going to think we came with intent to immigrate since we already had a pending K-1 visa? Will the effort that it took to cancel bank accounts, drop out of college, have her things shipped to her and other things that we needed to do to get all of her things in Canada canceled be enough proof that there wasn't intent?

I'm really worried. My wife is worried. The closer this date gets the more we are scared that we are going to seem like we had intent. I cannot wait for this process to be over.

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Filed: Citizen (apr) Country: Australia
Timeline

Honesty is best.

You decided to get married before, that's why you filed the K1. They're going to know you filed the K1, lying just makes you look like you're hiding something.

She came over to visit due to family issues being too much. I'm sure at the time you had every intention of sending her back to finish the K1... it's a lot of money to some people to "waste" and you ended up paying for it AGAIN to file the I-130. It's not like a Canadian needs much to visit the US so "faking" a K1 to gain entry just wouldn't make sense. It appears spur of the moment to me.

Add to that, they CAN'T deny you because of intent alone. I would take all the proof of shipping stuff, and cancelling stuff etc but honestly, as long as you show proof of a strong and REAL relationship you'll be fine. Intent is pretty much irrelevant.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for **

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Filed: Country: Canada
Timeline

Also, if it makes you feel better. I have read on VJ that Intent cannot be used alone to deny (as well as overstay). They are negative factors for sure, but if they are the only factors, they will not be used.

I could be very wrong, again, this is what I read on VJ from some very informed members. I'm sure someone will come along to correct me if I am wrong. :)

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Filed: Citizen (apr) Country: Australia
Timeline
Also, if it makes you feel better. I have read on VJ that Intent cannot be used alone to deny (as well as overstay). They are negative factors for sure, but if they are the only factors, they will not be used.

I could be very wrong, again, this is what I read on VJ from some very informed members. I'm sure someone will come along to correct me if I am wrong. :)

No you're right :D That's what I said above :)

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Filed: Country: Canada
Timeline

No you're right :D That's what I said above :)

oh wow, I'm sorry! I didn't read the last part hehe. So, YOU were right! I was just a stinking copycat! :P

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Filed: AOS (apr) Country: Canada
Timeline

Don't worry too much about it. If you seem really nervous in the interview that is going to cause more suspicion than the facts of your case.

If you truly had no intent to marry when she visited then you should have little to worry about. Besides, if you just wanted to marry she could have just hopped over the boarder without going through the K1 process.

If it eases your fears, I am Canadian(Iranian Canadian in fact) and our IO never asked me one question about intent and I had an overstay too. I'm sorry you had such a bad experience with her family. Gives us all a bad name. :( Hope you'll be able to start a happy life here together.

Good Luck!!

AOS Timeline

06-28-2010 AOS Packet Sent

07-07-2010 Check Cashed $1010 Ugh!

07-09-2010 NOAs received (I-485,I-130,I-765)

07-14-2010 Biometrics appointment letter received

07-14-2010 RFE (I-864)

07-22-2010 Biometrics appointment

08-20-2010 Submitted RFE Reply I-864

08-24-2010 RFE material received

08-26-2010 Email from USCIS EAD Card Approved

09-03-2010 EAD card received!!!

09-08-2010 Notification of interview date (Oct 12th, 2010)

10-12-2010 Interview-Approved!!!!!

10-26-2010 Green Card Arrived!!!!!!!!

No USCIS till 2012. Wohoooooo

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Filed: Citizen (pnd) Country: Canada
Timeline

Don't worry too much about it. If you seem really nervous in the interview that is going to cause more suspicion than the facts of your case.

If you truly had no intent to marry when she visited then you should have little to worry about. Besides, if you just wanted to marry she could have just hopped over the boarder without going through the K1 process.

If it eases your fears, I am Canadian(Iranian Canadian in fact) and our IO never asked me one question about intent and I had an overstay too. I'm sorry you had such a bad experience with her family. Gives us all a bad name. :( Hope you'll be able to start a happy life here together.

Good Luck!!

Same here. Not one question about intent or when we decided to marry or anything like that. I had a 3.5 year overstay at the time.

Wishing you Luck!

/Starburst :star:

AOS Short Version:

06/26/09 - Mailed package to Chicago Lockbox!

07/07/09 - NOA's Arrive for AP, AOS & EAD [dated 07/01/09]

07/17/09 - Biometrics Completed [ Completed in 17 Days ]

08/12/09 - EAD APPROVED! Card Ordered! [Approved in 47 Days]

08/20/09 - Interview notice arrived dated 08/18/09 - Sept 24th/09

08/21/09 - Got EAD Card in the mail!! :D

09/24/09 - Interview Date: 9:00am - APPROVED

10/03/09 -Received GC!!!!!

Total Days from NOA1 to Approval : 86 Days

ROC:

04/01/11 - Preparing for ROC currently

06/27/11 - ROC Mailed!

07/02/11 - NOA1 Arrived [dated 06/30/11]

07/13/11 - Biometrics letter arrived [08/01/11]

10/31/11 - Final Approval!

11/04/11 - Received new card today.

Total Days from NOA1 to Approval: 125 Days

Next Step will be citizenship in June 2012!

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Maybe you're over-thinking the title of thread When did you plan on getting married?

When you asked her to marry you, it was not a specific date you had picked out. It was just "someday" we will get married.

When she was here, you made a plan to do it sooner rather than later because she had threats from her family and was questioned so intensely when she came for a visit. You were afraid for her to go back. So I don't see the question as having two different dates. Your plan didn't happen until you said "let's do it this week."

Anyway, I too have read about lots of couples who married on visa waiver or tourist visas and were never asked anything about that.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: K-1 Visa Country: Colombia
Timeline

Hello,

Maybe this will help you feel better...

when I was reading your post, It seemed genuine and believable.. So, I don't beleive you'll have trouble with convincing anyone from the USCIS..

I think you'll be fine..

Good Luck and please let us know how your interview goes...

Kenny

Edited by kennym
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Filed: Citizen (apr) Country: Canada
Timeline

I'll agree with Kennym on this one. When I read over your post I was thinking if you are asked this question, you have the answer right here. You intended to get married but not on this visit as you had started the K-1 process. She legally entered the country as a visitor and due to very challenging circumstances back at home, you both decided it would be safer physically for her to stay here instead. You reached that decision after her arrival. You got married and refiled the new required paperwork.

If you are concerned, do you still have her return flight ticket or any other type of information that shows she intended to return to Canada after the visit? Bring along copies of the restraining order against her father as well as any other evidence you have that shows her safety was at risk.

Honesty is definitely the best policy. I think it is wise to be prepared for this question since you did have a K-1 initiated but the circumstances of your situation are also valid considerations for you to change your minds.

Good luck at the interview.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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Filed: K-1 Visa Country: Vietnam
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It doesn't matter when you decided to get married, nor when you planned to get married. It is not illegal to come to the United States with the preconceived intent to get married. It is illegal to enter the United States with a non-immigrant visa or entry pass with the preconceived intent to immigrate. You haven't broken any laws. Be honest, and good luck! :thumbs:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Country: Canada
Timeline

hey everyone, this time it's me, Ellie writing you.

the interview went great. and we're waiting for the green card to come in the mail. thanks for all the kind words. it definitely helped with the nerves. for those who would like to know, this is how it went. we got to the USCIS office 30 minutes early and was greeted by a cold receptionist. we waited till they were ready to see us which was right on time. they asked for Brad to go in first and I had to wait outside. it was a long wait! from what we had read online for most people the interview doesn't take but 10 minutes. they had Brad in there for thirty! and then the immigration officer had me join them. he was extremely nice and looked like a foreigner himself. I went in and saw Brad smiling which was a good sign. the officer had asked him a series of questions and he had written down Brad's answers. he started by saying how Brad has told him the good stories and some of the not-so-good ones, and then he asked me where we met. and this is the funny part. i start by saying how we met online and then proceeded to tell the whole story. he didn't stop me so I kept going although we had read that they want your answers to be short and to the point. so by the time I was done most of his questions were answered. and we were totally honest and it seemed like with the background we had provided the fact that we got married made sense and he didn't even bring up overstay or intent. the other questions that were asked were all the same as what we had seen before on Visa Journey's guide, and even if we hadn't seen them before we would have been okay cause they weren't tricky. and there was small talk in there too, he asked about how I had came to Toronto and asked of any family member's I still had contact with and I told him: my aunt on my mother's side, he asked where they are and whether they came to wedding. I told him they had immigrated to Australia and then he started asking about their journey. the interview on the whole took one hour and at the very end he just said: OK it seems like there is no grounds for you to be denied and all looks good. he told us what to expect and how to remove conditions on the green card. at this point I was ready to break into a dance. haha. he welcomed me into America and then we left. it was such a good experience. I just wish that it will be for everyone. it seems like a weight has been lifted and we're ready for life to start getting easier.

again Thank you guys so much, and I wish you good luck on everything in your life

Ellie

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Filed: Country: Canada
Timeline

Congratulations!

Wonder why they interviewed you separately... At any rate, I'm glad you guys had a good interview! :)

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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