I don't want to leave him!

[William33 110]

I need opinions, advice, ideas, reassurance, anything! I entered the US (from Canada) with intentions of marrying the love of my life. I didn't mention that to the border officer (obviously) in fear of being denied entry. A couple of weeks after entering the States, I married my darling (happiest day of my life!) and though I know I'm not legally allowed to stay, I do not wish to leave my husband's side ... I don't want to go back home and apply for a K-3 Visa or a CR-1 Visa. I just want to apply for AOS so that I can stay with my husband. Please help me.

P.S. I know I'd have to lie and risk being deported.

Purple_Lilac,

To be frank, you have broken US Immigration law, plain and simple.

Despite the well intended commentary provided previously, you should return home and file appropriate immigration docs accordingly. If you continue describing illegal immigration activity, which is a violation of the Visa journey TOS, your account will be disabled or deleted.

We do wish you success in your immigration endeavors and will provide advice accordingly.

Get with VJ Moderation if you need further guidance or post here, once you meet US immigration compliance.

Regards,

VJ Moderation

Edited August 31, 2011 by William33

[Purple_Lilac 1]

William33: I understand, thank you. I've been doing quite a bit of reading and CR-1 seems to be the route I need to take. I'll be sure to do things the right way, I'm sure it'll be well worth it in the end. Being away from my Love is hard, so hopefully I'll still be able to visit him throughout this process. If not, I guess he can always come see me? I'll keep my fingers crossed and hope for the best. I just don't want to be apart for 6 months + without seeing him.

[waytogoliezel 0]

Do it the right way! Since you're a Canadian citizen, you have a visa wavier (meaning you don't have to get processed for visa) for entry into the U.S. that's why you were able to come over in the first place. But you have to leave when the time is up. I would stay as long as i could (not up to the last day though). Then I would come back say, 2 weeks later or a month later and stay again. I don't think they stamp your passport if you live in Canada. It will cost you money if you do it this way, but you get the benefit that many others don't. I think every re-entry allows you to stay up to the maximum time allowed unless they put a limit on the number of entries into the U.S. per year or so. For example. I went to Philippines and I was given a 21 day visa on the spot. I was there for 5 days and then my fiancee and I went to Hong Kong for 5 days vacation. When I came back, I was given another 21 days because I left the country (stamped out) and was re-entering all over. That might work for you in the meantime. Learn the LEGAL TEMPORARY WORK AROUNDS since you're from Canada, but don't lie and don't commit visa fraud. That's BAD! Talk to an immigration attorney for FREE. Even if it cost you a few bucks, get good legal advice.

[agynyame 2]

Purple_Lilac,

for all purposes you had intentions of marrying when you came. The law is very clear about that. However, you have the benefit of being able to visit your loved one.

I wish my wife whom, I have been separated from 2yrs next month can exercise the option you have but we cannot. None of us want to be separated from our loved ones and in the meanwhile we are living within the constraints of the system. I finished processing last December. I pray that my wife will receive an interview this year in Ghana. It has yet to happen. So I think six months is preferable to the year or two that some of us are subjected to.

In short, do the right thing and you will be ok. No need to subject your self to a situation that may further keep you guys apart.

[canadian_wife 1,791]

nane1104: It sucks that these "higher powers" get to decide whether or not I can be with my husband. I know that a lot of people get married for all the wrongs reasons but I didn't. I just want to be with my Love. It doesn't matter where we are on this planet, as long as we're together, I'm happy. I hate how long and stressful this process is. I wish I could just skip to the AOS step but I'm scared to get in trouble.

CC90: I'm afraid we can't afford a lawyer. I'll keep researching online for now, and ask for advice I guess.

No one is telling you that you can or cannot be with your husband. They are simply asking you to follow US immigration laws

Good luck

[keysjangle 145]

CR-1 really isn't so bad. I'm seeing some people getting their I-130s approved in 3 months or LESS. How long have you two been together? Have you both gone back and forth to see each other frequently? If so, you know that the distance isn't really as bad as your mind chalks it up to be. Do things by the book, get your visa, and you'll forget all about any heart ache once it's done. I'm also a Canadian who married an American. We sent in our I-130 in July from the States. I just got back from seeing him, and won't see him again for another 4 months. So don't stress, you're not alone

Edited August 31, 2011 by Gervl

[Jilli & Ales 9]

I sympathize with the situation, we all know the feeling of missing our mates and just wanting to be with them. But simply because we DO all know the feeling, this is frustrating. Of course I don't want to be apart from my soul mate for six months either, I can't stand it, but that is how it will play out for my visa. Your love is not more real or passionate than any of ours, but we have behaved responsibly. You will likely need to make a sacrifice, same as the rest of us.

Edited August 31, 2011 by Jilli & Ales

[Krikit 1,163]

I entered the US (from Canada) with intentions of marrying the love of my life.

^^

To be frank, you have broken US Immigration law, plain and simple.

I have to disagree that she has broken a law. There is no law against coming to the US to marry.

Purple Lilac, you need to consult with an immigration attorney. Consultations are free. Give them a call.

Being away from my Love is hard, so hopefully I'll still be able to visit him throughout this process. If not, I guess he can always come see me? I'll keep my fingers crossed and hope for the best. I just don't want to be apart for 6 months + without seeing him.

Yes, you can visit back and forth if you choose this route. Just make sure you have proof of ties.

[bigdog 376]

I agree with Anh Map, you entered and got married. So no apply for AOS as married. Be honest you have 6 months and then go back.

[KrisandJennie 35]

I need opinions, advice, ideas, reassurance, anything! I entered the US (from Canada) with intentions of marrying the love of my life. I didn't mention that to the border officer (obviously) in fear of being denied entry. A couple of weeks after entering the States, I married my darling (happiest day of my life!) and though I know I'm not legally allowed to stay, I do not wish to leave my husband's side ... I don't want to go back home and apply for a K-3 Visa or a CR-1 Visa. I just want to apply for AOS so that I can stay with my husband. Please help me.

P.S. I know I'd have to lie and risk being deported.

I actually just spoke with USCIS about this if my fiance and my K-1 visa isn't approved in time for our November wedding. They said as long as he enters legally (visa, what have you), you can file the I-130 and the AOS at the same time and she said he can stay while it's being processed.

[CC90 90]

To the OP: If staying with your husband is as important to you as you say it is, you need to seek help from an experienced lawyer regardless of the cost. This is a very serious issue for you and your husband's future. Seeking advice on random forums and subsequently acting on it in this type of case is frankly irresponsible.

It is SOP that the Department of State will automatically charge you with material misrepresentation/fraud when you apply for your CR-1 once they see what happened; this is under the 30/60 directive. You can find out more about this in the Department of State's Foreign Affairs Manual and the Administrative Appeals Office public appeals decisions on uscis.gov. I'm not saying definitively that they will, but it is SOP. This can permanently ban you from the United States with a small possibility of obtaining a waiver, but hardship from Canada is difficult to prove. None of the AAO appeals mention Canada.

Under the caselaw Matter of Cavazos, assuming there are no other aggravating factors, your AOS can be approved even if USCIS wants to assert that you had preconcieved intent to remain. Going back and applying for a CR-1 can be a big risk, but you need legal help to determine your rights and options.

Edited August 31, 2011 by CC90

[SapphireDreams 71]

To the OP: If staying with your husband is as important to you as you say it is, you need to seek help from an experienced lawyer regardless of the cost. This is a very serious issue for you and your husband's future. Seeking advice on random forums and subsequently acting on it in this type of case is frankly irresponsible.

It is SOP that the Department of State will automatically charge you with material misrepresentation/fraud when you apply for your CR-1 once they see what happened; this is under the 30/60 directive. You can find out more about this in the Department of State's Foreign Affairs Manual and the Administrative Appeals Office public appeals decisions on uscis.gov. I'm not saying definitively that they will, but it is SOP. This can permanently ban you from the United States with a small possibility of obtaining a waiver, but hardship from Canada is difficult to prove. None of the AAO appeals mention Canada.

Under the caselaw Matter of Cavazos, assuming there are no other aggravating factors, your AOS can be approved even if USCIS wants to assert that you had preconcieved intent to remain. Going back and applying for a CR-1 can be a big risk, but you need legal help to determine your rights and options.

Why would going back and applying for a CR-1 be a big risk? It wouldn't be a risk at all! She crossed over to get married, which is totally legal, would files for a CR-1, stay for the alloted time she is allowed in the US, and then go back to Canada to wait out the rest of her process and visit when she can.

Am I missing something? Your post doesn't make any sense.

AOS on the otherhand is a different story.

[Krikit 1,163]

It is SOP that the Department of State will automatically charge you with material misrepresentation/fraud when you apply for your CR-1 once they see what happened; this is under the 30/60 directive.

1. There was no material misrepresentation or fraud. She got married in the US. Virtually thousands of people do that per year. It is not against the law.

2. Please explain what the acronym SOP means. Thank you.

[Kathryn41 3,205]

I actually just spoke with USCIS about this if my fiance and my K-1 visa isn't approved in time for our November wedding. They said as long as he enters legally (visa, what have you), you can file the I-130 and the AOS at the same time and she said he can stay while it's being processed.

Please remember that when you call the USCIS information you are NOT speaking to an immigration officer. You are speaking to a low wage call center employee who does not understand immigration processes and works off a script in front of them. What you were told is wrong and is considered visa fraud. You are not allowed to enter on a visa meant for one purpose - eg visitor - with the intent of using it for a totally different purpose - eg remaining in the US and applying for benefits from within the US.

As you have already applied for the K-1 visa you obviously have the already established 'intent' to get married and immigrate. When your application is submitted with an I-130 and the AOS based upon a visitor visa entrance, you are guaranteed to run into a lot of grief. His entry at the border would be considered both visa fraud- and depending on what he told the border at the time (eg only coming in for a visit, etc.) it could also include misrepresentation. Misrepresentation is considered one of the 'high sins' of immigration and leads to a refusal of the requested immigration benefit (green card) deportation and a ban on re-entering the US, often for life. If this is someone you love, don't take a 'convenient' but illegal short-cut that will indeed cut short the rest of your life together in the US. You can be guaranteed that if on his entry he says I am entering the US as a visitor so I can get married in November and stay in the US to get my green card, he would be denied entry - and probably given a short ban at that time as well for intent to violate immigration law.

Please do not do this. The 'USCIS information line is not known as the 'MisInformation Line' for nothing. It has ruined other people's lives before when they have followed similarly bad - and wrong - advice. I repeat - it is immigration fraud to enter the US on one visa with the intent to use it as a shortcut to bypass the more appropriate visa. He can enter to get married but he CANNOT file for the AOS from within the US. You would have to re-start the whole immigration process all over again filing for a CR-1 visa with the I-130 - but NOT concurrently with the AOS and he has to complete the process through his home Consulate. This is not an option for you.

Edited August 31, 2011 by Kathryn41

[CC90 90]

Why would going back and applying for a CR-1 be a big risk? It wouldn't be a risk at all! She crossed over to get married, which is totally legal, would files for a CR-1, stay for the alloted time she is allowed in the US, and then go back to Canada to wait out the rest of her process and visit when she can.

Am I missing something? Your post doesn't make any sense.

AOS on the otherhand is a different story.

As you say, AOS with USCIS and applying for a visa from the DOS are very different processes with very different rules.

Under the 30/60 directive in the DOS FAM, seeing that she violated her nonimmigrant status within 30 days of entering, it presents a "nonrebuttable presumption of fraud" that she had preconcieved intent to remain when she entered. Presenting herself as a tourist is misrepresentation of a material fact that the DOS will assert she committed under their rules.

The USCIS, on the other hand, will adjudicate the matter favorably. I've worked closely with the DOS in the past and I've seen this happen too much.