AOS denied? Banned from US? Really?

[Kathryn41 3,205]

Duplicate threads - one from AOS from a Family Visa forum and one from Tourist Visa forum have been moved to the AOS from Work, Student & Tourist Visa forum, then merged together into one thread. Duplicate initial post has been removed.

One additional post with an inappropriate comment has also been removed.

Edited March 20, 2011 by Kathryn41

[DavenRoxy 1,073]

Good advice, all around. Nothing cheap nor fast about LEGAL international marriages coming to the US.

The K1 process is a tad faster in general than the K3, and prices are a bit different at different stages, but you will spend some serious money to get married to a USC, and it will take time.

Just be thankful you are Canadian, where crossing the border while waiting is so simple. My lady is in the Philippines, and I will not get to see her until her visa is issued and she flies here to see me.... approximately 9-10 months after I had to leave her. I have a friend who married a USC, but she went back to Canada to complete the K3 process legally, and has had to wait about a year to get an interview, and then her husband deployed, so they cancelled it to wait for his re-deployment back home so the process could be completed and they could be together. (but she crossed the border several times, as did he, to visit)

Legal immigration is a tedious, nerve-wracking, and costly experience. But 43 years from now, you will be glad if you opt to do it legally, for all the reasons above. Trust me when I say the government minions who investigate your illegal entry will NOT care what your reasons/excuses are, nor what your ignorance of the laws are... they can, and most likely WILL deport and ban you.

Do it right, do it once, and do it forever. You'll be glad you did. And feel free to hang out here for support and to talk to others in the same boat as you. You might even make some new friends, I know we have!

Good luck in your journey, hope it goes swiftly and smoothly for you!

[Kathryn41 3,205]

Thanks for all the feedback, you all have been helpful, especially the Canadians, lol

I'm sure others will find this helpful also, who are in the same situation as me right now!

Ok, so seriously if I filed for the Cr1 visa after marriage, how long would it really take?6 months?I heard that processing is fairly quick if your case is not complicated?

And according to the last post, I can enter back and fwd as I have been doing (at the border officers discretion i presume). Canadians can visit the US for up to 6 months in a year though, so I am assuming I cant spend 2, 3, 4 or even 6 months in the usa while its processing huh?

You may want to join the Canada Regional Forum on this site and hear directly from Canadians who are going through the CR-1 process about their timing experiences. While the process is a great one for a spousal visa and will probably satisfy your criteria, unfortunately, the US Consulate in Montreal is seriously backed up and considered one of the slowest ones in the world.

The initial approval for the CR-1 (the I-130 petition filed in the US by your husband that initiates the process) may take up to 6 or 7 months (this varies throughout the year so is hard to predict as it depends a lot on what Service Center is processing the paperwork), but after the initial approval the process goes through the National Visa Center and finally to the US Consulate in Montreal. It is taking about 5 to 6 months just to schedule an interview at Montreal right now (although this can change during the next year to either go faster or slower), so regardless of what process you use - apply for the K-1 or get married and apply for the CR-1, your waiting times are probably going to be comparable. This is for the uncomplicated cases. The actual processing time isn't long - the waiting time is.

You will need to be in Canada for the second part of the process as the paperwork and notices are sent to a Canadian address and are processed in Canada - obtaining immigration medical, obtaining Canada wide police record checks, obtaining long form birth certificates, etc., and attending the interview in Montreal (the only US Consulate that processes immigration visas). While the paperwork cost is less than filing for a K-1, there are other costs involved that need to be considered. K-1s have the option of being interviewed in Vancouver as well as Montreal (depending on where you live). The immigration medicals can only be done by specific Panel physicians in Canada located in Montreal, Toronto and Vancouver. Generally, though, CR-1 is a cheaper and faster process as it provides you with permanent resident status when you cross the border with your visa and you can work and travel freely right away. K-1s need to apply for permission to become permanent residents, to work and to travel during that process and it is definitely a longer time frame.

Yes, you can visit during both processes with the caveat that you will need to prove your 'ties' to Canada on each and every visit to the US. Having established a good history with the border already from your many crossings will work in your favour, but as was mentioned, you just need one overly zealous or uninformed border guard (and yes, they both exist) to cause major headaches with a denial. It will be up to the border guard on each and every visit whether or not he will allow you to enter and for how long you are allowed to visit. It is your job to reassure him each and every time that you are not a threat to violating US immigration laws.

Proof of ties to Canada include things like copies of leases, mortgages, property ownership, registration of vehicles, proof of employment including proof of how long you have before you need to be back to work, class schedules for University/College, a return ticket or travel itinerary, recently paid insurance that covers a number of months in the future for home, vehicle, etc., upcoming doctors/dental appointments for which you need to return; purchasing travel medical insurance for the specific period of time that you are in the US, ongoing household and utility obligations, only bringing in clothing that is appropriate to the length of time and the weather during your visit, things like that. You need to show that you have financial and personal commitments that will necessitate your return to Canada. The more ties you have the easier it will be to reassure the border guard that you will return to Canada. Carrying a copy of the CR-1 (or K-1) paperwork is also a big plus because it shows that you are aware of the legal process and have implemented it, thus are less likely to jeopardize your ability to immigrate to the US by violating a visitor's visa.

Edited March 20, 2011 by Kathryn41

[gta2011 0]

You may want to join the Canada Regional Forum on this site and hear directly from Canadians who are going through the CR-1 process about their timing experiences. While the process is a great one for a spousal visa and will probably satisfy your criteria, unfortunately, the US Consulate in Montreal is seriously backed up and considered one of the slowest ones in the world.

The initial approval for the CR-1 (the I-130 petition filed in the US by your husband that initiates the process) may take up to 6 or 7 months (this varies throughout the year so is hard to predict as it depends a lot on what Service Center is processing the paperwork), but after the initial approval the process goes through the National Visa Center and finally to the US Consulate in Montreal. It is taking about 5 to 6 months just to schedule an interview at Montreal right now (although this can change during the next year to either go faster or slower), so regardless of what process you use - apply for the K-1 or get married and apply for the CR-1, your waiting times are probably going to be comparable. This is for the uncomplicated cases. The actual processing time isn't long - the waiting time is.

You will need to be in Canada for the second part of the process as the paperwork and notices are sent to a Canadian address and are processed in Canada - obtaining immigration medical, obtaining Canada wide police record checks, obtaining long form birth certificates, etc., and attending the interview in Montreal (the only US Consulate that processes immigration visas). While the paperwork cost is less than filing for a K-1, there are other costs involved that need to be considered. K-1s have the option of being interviewed in Vancouver as well as Montreal (depending on where you live). The immigration medicals can only be done by specific Panel physicians in Canada located in Montreal, Toronto and Vancouver. Generally, though, CR-1 is a cheaper and faster process as it provides you with permanent resident status when you cross the border with your visa and you can work and travel freely right away. K-1s need to apply for permission to become permanent residents, to work and to travel during that process and it is definitely a longer time frame.

Yes, you can visit during both processes with the caveat that you will need to prove your 'ties' to Canada on each and every visit to the US. Having established a good history with the border already from your many crossings will work in your favour, but as was mentioned, you just need one overly zealous or uninformed border guard (and yes, they both exist) to cause major headaches with a denial. It will be up to the border guard on each and every visit whether or not he will allow you to enter and for how long you are allowed to visit. It is your job to reassure him each and every time that you are not a threat to violating US immigration laws.

Proof of ties to Canada include things like copies of leases, mortgages, property ownership, registration of vehicles, proof of employment including proof of how long you have before you need to be back to work, class schedules for University/College, a return ticket or travel itinerary, recently paid insurance that covers a number of months in the future for home, vehicle, etc., upcoming doctors/dental appointments for which you need to return; purchasing travel medical insurance for the specific period of time that you are in the US, ongoing household and utility obligations, only bringing in clothing that is appropriate to the length of time and the weather during your visit, things like that. You need to show that you have financial and personal commitments that will necessitate your return to Canada. The more ties you have the easier it will be to reassure the border guard that you will return to Canada. Carrying a copy of the CR-1 (or K-1) paperwork is also a big plus because it shows that you are aware of the legal process and have implemented it, thus are less likely to jeopardize your ability to immigrate to the US by violating a visitor's visa.

Thanks Kathyrn for the thorough information you just posted. Greatly apprciated!

[thelastpetitioner 218]

this is one of those cases where i wish and hope that the COs read VJ

[Max1gk 68]

No, you came to a website where the focus is on legal immigration to the US and asked for people who have violated US immigration law to share their personal experiences using that process to enter the US.

I am a Canadian (dual citizen now with US) and when I still lived in Canada worked as a Constituency Assistant to the Member of Parliament. Our Riding was within a short distance of the US borders at Sarnia and Detroit. We did have the occasion to deal with Canadians who had been banned from the US because they chose to violate US immigration laws - either intentionally or unintentionally. The US makes no differentiation between the two - kind of like, if you mistakenly eat potassium cyanide thinking it is sugar you are still going to experience the 'effects' of the 'cause'.

You will find no one on this site - which is full of people who HAVE done the legal process - advise you to do anything other - and if anyone did, the post would be removed and they would face an account suspension. (I speak now as a Moderator for this site).

When my husband and I decided to marry we chose the K-1 route. My personal experience with people who had violated some part of US immigration law (and on the other hand Americans who had violated Canadian immigration law) confirmed that the legal options were the only way to go that would allow peace of mind. Btw - did you know that there is no statutes of limitation on immigration violations? That even if you were successful and 25 years down the road your violation came to light - even if you were then a US citizen - your citizenship would be stripped, you would be deported and you would face a ban.

USCIS takes immigration very seriously. Misrepresentation and Visa Fraud are two of their highest 'crimes' and bear heavy consequences. Getting married to a US citizen and living in the US is a multi-year process - it doesn't 'end' when you cross the border. You have to prove the validity of your marriage and that you satisfy all of the medical, criminal and moral requirements to be allowed to live and work in the US after you are married before you will be allowed to remain in the US - conditionally for 2 years only. You then have to apply for permanent permission by showing you still qualify for all of the personal requirements plus prove the legitimacy of your marriage by providing documentary evidence that you have co-mingled your financial assets and liabilities, your personal and your social lives together.

To enter the US with the intent to marry and remain in the US is considered Visa Fraud - using a visa issued for one reason as a means to bypass the legal process of the proper immigrant visa. In this case, using the 'implied' visitor visa status that Canadians have with the US - a non-immigrant visa that promises the border you will leave at the end of your legally authorized stay - to immigrate. This is misrepresentation - one of the 'highest' violations for USCIS - and makes you ineligibile to receive permission to live in the US. Your real worry is how long it will take until USCIS finds you out - and right now in the current economic situation, all political parties are facing very heavy pressure to deal harshly with anyone found violating immigration legislation. As I said, there is no statutes of limitation for immigration violations - are you really sure it is worth a lifetime of worry and fear to avoid a few months delay of doing the legal route?

Very wise words...I totally agree with you. Last year,when I was still a rookie regarding US immigration,I thought that following the steps of those that circumvented the law was after all a smart way to save money and time..until I realized that short term benefits will eventually translate into long term nightmares that aren't worth all the money and time potentially saved. I would say that I understand gta's frustation though...as to say that in the end those that seem to be the easiest targets are usually the ones that have the best intentions even if they take few short-cuts,while those that jump the fences or collect money off Uncle Sam because they belong to an associate free state of the US get all the benefits possible. It's this disparity of treatment that frankly is extremely irritating. I'm far from willing to be politically correct on this..I have no problem following all the required steps that USCIS wants us to take in order to become legal residents and stay with our loved ones in peace..but I can't stand,like many others here I'm sure,that those don't follow the same approach aren't as persecuted and annoyed by the same apparently unmercifull burocracy we have to face if we miss only one of those steps. This gotta change..

Edited March 20, 2011 by Max1gk

[Nata20102011 6]

Hi there,

I am a Canadian and my fiance is American. We have been doing a long distance relationship for nearly four years, crossing the border at least twice a month each. Although it seems as though it is simple enough to just move and stay there, the problems that would arise from that are not worth the easy way out. If you are truly ready to be with your fiance/boyfriend then to wait the possible.. sayyy... 10 months for the visa should not be a huge deal. Trust me I have thought about the idea of just running down there and staying, the cons out weigh the pros. I know you wanted people to only reply if they had done this method.. but I really think you should just file for your K-1 Visa and be responsible for a proper immigration.

P.S. I once crossed the boarder with a photo album in my car, (not knowing it was in my trunk) and I was questioned at the boarder for over an hour because they thought I was trying to illegally move to America and was almost banned for 5 years. This was before I even applied for my visa and I had no intentions of moving there without doing it properly.

DO THE K-1!!!!!!!!!!!!!!!!

[Kathryn41 3,205]

One inappropriate comment has been removed. Comments appropriate for 'Off Topic" are not acceptable here in the Immigration forums - either rephrase them to remove the editorial content or do not post them. Thank you.

[Evelyne 0]

Hello,

Like most of what everyone has been said, I think it is best that you do to follow the legal way. Yes, I have also heard of people doing things like that and I honestly think it is taking a huge and potentially life-destroying risk. If you want to marry in the US, do it the legal way, come back home and apply for a CR-1. You can always spend some time LEGALLY before going back home but it is really safe to prove the Immigration that you didnt have an intent to stay in the USA. Returning home after getting married before you overstay and apply for a CR-1 while in Canada is the safest and less risky way to emigrate.

I understand the desire for us to be with their husband or wife but everybody is sacrificing quite a bit to enter the USA legally and you should try this way. Like I said there is nothing wrong about getting married in the USA, spend some time with your husband within the LEGAL ]tourist visa limits. But don't enter the USA with the intent to stay at any time, it is a gamble and it is illegal. I certainly do not want to risk my marriage with that approach, regardless of whoever succesfully entered the country this way....

Correct me if I am wrong with that advice.

[Brother Hesekiel 2,235]

I-130 filing fee $420

NVC stage: DS-230 fee $330, AOS review fee $88, Visa security surcharge $74

for a total of $912 (someone check my math, I did that in my head). When you add the cost of a trip to Montreal in there, especially if you are from Western Canada, you are WAY over the AOS fees.

Checking your math. You made an error.

The I-130 for $420 needs to be filed even when doing AOS.

Therefore it's $912 versus $1,490.

[LDora 7]

I'm Canadian, and my husband and I filed for K-1. From start to finish it took about nine months. Was it expensive and a little lengthy? Sure. But isn't peace of mind in KNOWING the USCIS has NO LEGAL REASON to deny and potentially ban you from ever coming back worth the time and money versus the "Well, I haven't heard anyone say they've done it and been banned, so it might be worth trying" mentality? Do you really want to be the one person everyone points to as an example down the road of what happens when you don't follow procedure if you DO get denied and/or banned, however remote you consider that possibility to be?

I know the time and money sucks, but it should be worth it to you if you're planning on building a life with someone. What's a year in the grand scheme of things? Please don't screw this up for yourself based on a "maybe, maybe not".

[Caladan 19]

One thing to keep in mind is that people tend to be circumspect when they run into problems, so I wouldn't take absence of threads about it as proof of anything. (How many people come back to post just that, e.g., their marriage fell apart, or that they had a problem later on?) In any case, I found this board back in 2006, before we were engaged, from hearing on another board from a Canadian woman who used to be a member here. Her story was this: married, baby, and said once, on the spur of the moment, that she was an American citizen when crossing the border, just hoping they'd get through faster. Unfortunately, this little lie meant for no purpose counted as a serious material misrepresentation, and it took them a long time to sort it all out, and "sorting it out" meant she moved back to Canada with a ban.

I have no doubt that there are people who have done it, but it's very much against the rules, and we're presently in an immigration climate where people are more likely to be hardasses. And any chance that you have to interact with the authorities is a chance for you to say something that will come back to haunt you later. You're in a good position now. You can file the paperwork and keep visiting like you've been visiting. It's mostly hands-off once the paperwork is sent in, in any case.

[ValerieA 350]

Checking your math. You made an error.

The I-130 for $420 needs to be filed even when doing AOS.

Therefore it's $912 versus $1,490.

Good point! It still costs more than $578 to fly return to Montreal and stay at a hotel for a night or two from, say, Saskatoon, though.

[jken 2]

I agree with everyone else -Do this the right way - go through the process - you will sleep much better at night.

[Dakine10 5,452]

this is one of those cases where i wish and hope that the COs read VJ

Why? There's no way USCIS is going to go through the process of trying to figure out who the OP is. There is nothing they can do for asking a question like this. The question itself is not intent.

IF USCIS actually monitors this site, it would be a waste of their already limited resources.