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Filed: Country: United Kingdom
Timeline
Posted

Hi,

We are adjusting from VWP and our interview date has been set for febuary 14th no less! Happy valentines day we hope!

We were talking about it as i dropped her off at work this morning and i was wondering how the fact i had already paid for an engagement ring before i entered country would be viewed if they asked in the interview.

The facts are:

- I was coming to visit for 11 days as i had a gap in my work..

- I knew one day i was going to propose but wanted to do it in the summer of 2013 whilst we traveled Europe.

- Rings are cheaper in the US and the designer i wanted doesnt even sell in the UK. So, i had it made and ready to pick up this time i came over so i would have it for the following summer.

As it turned out and unsurprisingly time flew and she bought tickets for a music festival (Austin City Limits) shortly after my arrival. I delayed work and extended my stay and during the festival (coldplay) i proposed. We got married a month or so later and applied AOS before the 90 days.

I know each interviewer is different but do you think this would be seen as intent to get married? We genuinely had no intent and it really did all kind of come together. But in the same light, if you are a legit relationship its likely that at some point one of you will be thinking about proposing etc.

I get the impression from reading posts that in general the interview stage is more a matter of proving the legitimacy of your relationship rather than proving there was no intent of marriage upon entering but i dont want to get caught out on some technicality when it simply wasnt the case.

Views and opinions much appreciated.

Posted

It may be seen as intent, but that alone is not a reason for denial when you are AOSing from marriage (this is according to the field adjudicator's manual). As long as you have no other negative factors (material misrepresentation, for example) you are fine. Just make sure you have proof of a real relationship, that is most important.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Filed: Citizen (apr) Country: Spain
Timeline
Posted

Short answer: no. Intent to be engaged really doesn't mean all that much. Intent to MARRY potentially could, if that's coupled with intent to stay (although even that isn't necessarily an issue: see ValerieA's response abouve).

My wife and I were engaged (not planning on being engaged) in January 2009. We both had multiple trips to see each other (she lived in Spain & I'm a USC) throughout 2009 and into 2010. She never had any problems entering the country on VWP. When she came to visit in 2010, we decided we were sick of travelling, so we decided to get married. During our interview, intent never came up.

See my timeline and my interview review for more details.

Good luck!

AJ

Our Timeline (AOS from VWP with short overstay):

Day 00: 19 Sep 2010 AOS package (I-485, I-130, I-131, I-765) sent to Chicago Lockbox

Day 18: 07 Oct 2010 Biometrics appointment letter received for 29 Oct 2010 (dated 01 Oct 2010)

Day 19: 08 Oct 2010 Walk-in biometrics (took about 10 minutes)

Day 47: 05 Nov 2010 Received letter (dated 01 Nov 2010) for Interview on 07 Dec 2010

Day 68: 26 Nov 2010 I-131 TOUCHED: AP approved

Day 73: 01 Dec 2010 I-765 TOUCHED: EAD approved

Day 76: 04 Dec 2010 AP received

Day 79: 07 Dec 2010 Interview at 1 p.m. (took maybe 15 minutes): RECOMMENDED FOR APPROVAL!

Day 82: 10 Dec 2010 EAD received (dated 01 Dec 2010)

Day 83: 11 Dec 2010 "WELCOME TO THE UNITED STATES OF AMERICA" letter received (dated 07 Dec 2010)

Day 90: 18 Dec 2010 GREEN CARD IN HAND! (dated 07 Dec 2010)


Day 000: 27 Nov 2012 ROC package (I-751) sent to California Service Center

Day 005: 03 Dec 2012 Received hard copy of NOA (dated 28 Nov 2012)

Day 244: 29 Jul 2013 Biometrics appointment letter received for 07 Aug 2013 (dated 27 Jul 2013)

Day 247: 01 Aug 2013 Walk-in biometrics (took about 25 minutes)

Day 308: 01 Oct 2013 Received approval notice for ROC (dated 24 Sep 2013)

Day 317: 10 Oct 2013 GREEN CARD IN HAND!

 

Day 000: 16 Sep 2017 N-400 filed online

Day 007: 23 Sep 2017 Biometrics appointment scheduled for 12 Oct 2017

Day 024: 10 Oct 2017 Walk-in biometrics (took about 10 minutes)

Day 059: 14 Nov 2017 Received notice that Interview scheduled for 19 Dec 2017

Day 066: 20 Nov 2017 Received hard copy of Interview notice (dated 14 Nov 2017)

Day 094: 19 Dec 2017 INTERVIEW (PASSED!)

Day 145:  08 Feb 2018 OATH CEREMONY

Filed: Country: United Kingdom
Timeline
Posted

Thanks for the replies.

@caeremonarius - We had a similar situation in that we have traveled back and forth for the last 2 years between the UK and here. She has visited me in the uk 4 times and i am on my 3rd visit here. Once i had the ring in my hand it just seemed like it was the right time and we couldnt be happier.

The one side thing i would say is that the first time i entered the country through VWP about 18months ago i was taken into secondary inspection and questioned quite thoroughly about my intentions. Funnily enough the last 2 times i have entered i was barely asked a question.

@ValerieA - What sort of thing is considered to be material misrepresentation ?

Posted

Material misrepresentation is basically lying - the most common example is lying to the border guard to get into the US. If you were not pulled into secondary when you arrived this trip, you should be fine.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Posted

I guess I should give an example - if the border guard asked you if you had a girlfriend in the US, and you said no, that would be material misrepresentation. However, if all he/she asked what is the purpose of your trip, and you said to visit Disneyland (assuming you actually were planning on visiting Disneyland), you would be OK even though you were planning on visiting your girlfriend also. I know, it can seem like a fine line, but omission is not lying.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Filed: Country: United Kingdom
Timeline
Posted (edited)

Again thanks for the replies.

Upon entering i was asked 3 questions,

Q1. Where am i staying . A. With friends in las colinas

Q2. Do you have a job?. A. Yes i am a freelance web designer and a supervisor at a delicatessen.

Q3. What do you plan to do whilst you are here. A. Hang out with my friends, go to a rangers game and play golf.

That was it, all of which i did and all of which was true. So none of this was misrepresentation as far as i can see.

Edited by bluegoose
Filed: Citizen (apr) Country: Canada
Timeline
Posted

You answered honestly what they asked. If you had an idea floating around in your mind it isn't the same as lying to them.

They never asked us anything about intentions at crossing at our interview. We came for a holiday like usual leaving all my stuff in Canada and got married and stayed instead.

Caro

...........
2010-07-07 visit to my 2nd home in Phoenix, US
2010-07-24 got married!
2010-09-17 filed AOS
2010-09-23 NOA
2010-10-19 BIO
2010-12-14 Interview Phoenix, AZ
2010-12-15 Approval notice received
2010-12-24 Green Cards received for me & son
............
2012-09-15 I-751 sent
2012-09-25 I-797, NOA received
2013-01-16 BIO

2013-06-13 Approval notice received

2013-06-27 10yr Green Cards received for me & son

............

2013-09-27 N-400 Naturalization application sent

2013-10-03 Priority Date

2013-10-07 N-400, NOA received

2013-10-11 I-797C, NOA received

2013-10-25 BIO (notice bio done last 10 months ago)

2013-11-14 In line

2013-12-13 online status changed to "Scheduled for Interview"

2013-12-18 letter for interview

2014-01-21 Interview date that I had to request change due to travel

2014-02-18 Interview in Phoenix

2014-02-22 Naturalization Oath Ceremony - I am officially a dual citizen Canadian/American

...........

2015-11-04 N-400 Naturalization application sent for SON aged 20

2015-11-09 N-400, NOA rec'd for son

2015-11-20 I-797C, NOA rec'd for son

2015-12-02 BIO for son

2015-12-04 In line

2016-01-29 online status changed to "Scheduled for Interview" for son

2016-02-03 letter for interview for son

2016-03-07 Interview in Phoenix for son

2016-03-25 Naturalization Oath Ceremony for my son - he is officially a dual citizen Canadian/American

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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