AOS without prior visa?

[HeartOfAllThings 2]

There are many, manuy threads here of people who went back and forth to Canada all during the CR-1 process, and it's generally not a problem, but there are no guarantees. As to how long you have to leave before returning, it is entirely up to the CBP folks, but since you are close by, the $$ and time risk is very small if you are denied entry.

Let's take a look at what might happen:

1) You get marreid right away and file for CR-1.

2) You still have over 4 months left on this stay, so that eats into about half the normal waiting time.

3) If you are lucky like most of the Canadian folks here, you can come back and forth a few more times before it is over, or maybe you can even stay until the end if you don't have to be back for a job. But not having a job in Canada will make it harder to get in the second time,

So overall, not so bad, eh !!

This does sound good, thanks for your many posts today I'm surprised you mentioned me being able to stay here 'if I don't have to go back for a job'. You think that's possible? I don't have to go back for a job... which would kinda make it difficult for visits since I don't have any ties back home, I lived with my parents still.

[Done--Really 331]

That's the catch 22--no job suggests weaker ties and CBP might send you back, but let's be realistic--you can be here for sure for half the process, and even if you can't get back in, your wife can probably find her way north--it's so much better than what the vast majority of couples go through, separated for months and even years. Go for it guys--get married next week, file the week after, have a honeymoon someplace in the States, and then kick back and enjoy.

[Krikit 1,163]

Then forget AOS here--you would be entering with a clear intent to marry--no problem so far--and then stay here to AOS. That is immigration fraud under the law, and you will be in a heap of trouble if ever discovered--not worth the chance since you live so close and go back and forth even after you marry and start the CR-1 paperwork.

That's not so. He was scrutinized at the POE and the officer deemed that there was no intent.... otherwise, they wouldn't have let him enter.

Another issue I haven't had a chance to figure out on google, gov sites and vj... the limit of 6 months is for the whole year, or at a time? If I can just pass the border then come back 5 days later for another 6 months it would be a lifesaver.

There is no set time Canadians must wait to reenter the US. The catch is that you are proving yourself to be a de facto resident by living in the US and not Canada. Link <--- see last paragraph

Unfortunately, it's up to you to prove you did not intent to immigrate/AOS if you get asked later on.

Actually, it is up to the officer to prove.

Since this is not a CR-1 Process question I am moving your thread to the AOS From Other Visa forum. You'll find lots of help there.

Edited June 10, 2011 by Krikit

[HeartOfAllThings 2]

That sounds very hopeful, thanks a bunch!

[Sergi9 110]

That sounds very hopeful, thanks a bunch!

IMHO you have forclosed the AOS option by filing an I129 and the fact that it is denied and then subsequently you marry the US citizen and try to AOS , would again IMHO have the effect of creating additional scrutiny and to some adjudications officers may look like you trying to massage the system.

Your new here, and you are reading lots of competing advice and that should be your little alarm in your head going off. Some of us have read thousands of posts which represent thousands of cases. Its a ####### shoot with this kind of thing. Don't gamble, go home, get a job, save some money for the wedding and fill out the paperwork right this time. Prepare yourself for the process and if done correctly it should go relatively smoothly.

Do not overstay your visit, if your decision is to stay and roll the dice on AOS if they tell you to leave at any point, get an attorney ASAP. In fact you should probably pay for a consult at this point.

Good luck

[HeartOfAllThings 2]

Do not overstay your visit, if your decision is to stay and roll the dice on AOS if they tell you to leave at any point, get an attorney ASAP. In fact you should probably pay for a consult at this point.

Good luck

I'm in contact with a family friend that is a lawyer. She asked me for the docs we filled(wrong) and the denial letter which I faxed her today. She said she'll look at it this weekend, she was busy on this week's evenings. Looking forward to correspond more with her.

We got the funds for it so we def wont wait for me to be asked to leave(if that ever happens) to get someone to work on our case with us.

[Thisislife 31]

When and where were you married--it is key to AOS--let's start with that and we can go from there

Hi Magical How are you? My three month time period was not bad. I got approved on 6/8 . Thank you so much

[Harpa Timsah 13,258]

Lots of misinformation in this thread because it was posted in the wrong forum originally. It seems to me the OP did not have intent because was planning on going through the K-1 visa process and after they entered the US, their circumstanced changed - specifically, their I-129F was denied for lack of proper form filing. When the OP entered the US, he had the absolute intention to go back and see the K-1 process out - no intent issues there. Therefore, it should be a clear AOS case. Read the guides. Good luck whatever you decide.

Also, you entered under the terms of a B2 visa without having to apply for it - special consideration for Canadians.

Edited June 11, 2011 by Harpa Timsah

[Helen Louise Pile 80]

Lots of misinformation in this thread

I think the OP might be confused by this thread. (I know I would be!) Hopefully more clear (and perhaps less judgmental...) advice about the legality of the situation can be given from here on.

Good luck OP!

[Krikit 1,163]

Just wanted to support Harpa's post. It is correct. There are quite a few members on VJ whose circumstances changed while they were in the US.... and they were approved.

[Moomin 292]

Lots of misinformation in this thread because it was posted in the wrong forum originally. It seems to me the OP did not have intent because was planning on going through the K-1 visa process and after they entered the US, their circumstanced changed - specifically, their I-129F was denied for lack of proper form filing. When the OP entered the US, he had the absolute intention to go back and see the K-1 process out - no intent issues there. Therefore, it should be a clear AOS case.

This is one mighty huge loophole then. Anyone could go ahead and use that as an excuse and AOS. Based on the fact the i-129f petition is for a nonimmigrant visa with immigration intent I would have assumed trying to adjust status is the trigger for denial of AOS any other way while in the US, especially since OP asked for a way to stay in the US with his fiancee after the i-129f was denied. My bad, I'm sorry.

[Krikit 1,163]

This is one mighty huge loophole then. Anyone could go ahead and use that as an excuse and AOS.

Well, they could. But then they'd be facing a denial and all that accompanies it. The officers interview for a reason.

[Helen Louise Pile 80]

This is one mighty huge loophole then. Anyone could go ahead and use that as an excuse and AOS. Based on the fact the i-129f petition is for a nonimmigrant visa with immigration intent I would have assumed trying to adjust status is the trigger for denial of AOS any other way while in the US, especially since OP asked for a way to stay in the US with his fiancee after the i-129f was denied. My bad, I'm sorry.

It's not an excuse, their circumstances are different.

Coming here with the intent to stay and lying at CBP when you enter is visa fraud.

Being here and then deciding to marry and stay is legal.

If you and your fiancé had met in the US, or come here on holiday and decided to get married out of the blue or had a change in circumstance then this option would be open to you also. Sucks that it's not and you have to go down the K1 route, but it is not a 'loophole' or even wrong for others to be here on a tourist visa and adjust their status, if it is legal in their specific circumstance. Which is seems in the case of the OP, it might be.

Best wishes OP. Ignore people's judgments on your situation and stick to the facts people give you. As Harpa said, read the guides and gather as much information as you can before taking the next step.

[newlyweds2010 208]

It's not really clear to me how they could enforce the lack-of-intent rule. Obviously a person's real thoughts are in his or her mind, and they don't read minds at the POE. they don't conduct polygraph tests either. So unless a person is so stupid to write it on FB (status "Tomorrow crossing and marrying my love") and then he or she gets caught, there is no real way to prove intent.

Even a direct question at the POE ("Do you intend to marry?") is meaningless, because someone could always argue that at the time the person answered the question, there was no intent. Then, outside, in the airport parking garage, there was a sudden change of heart.

What I am saying is that there must be something else that is taken into consideration by the USCIS to approve or deny AOS requests.

[Sergi9 110]

I'm in contact with a family friend that is a lawyer. She asked me for the docs we filled(wrong) and the denial letter which I faxed her today. She said she'll look at it this weekend, she was busy on this week's evenings. Looking forward to correspond more with her.

We got the funds for it so we def wont wait for me to be asked to leave(if that ever happens) to get someone to work on our case with us.

Is the family friend an Immigration Attorney who has dealt with this exact type of case? If not get one who is.