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Mr&MrsR

AOS on VWP - Interview in June

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Filed: AOS (apr) Country: Canada
Timeline

Awesome!

The IO's faces are exactly why I recommend people don't overstuff their folder. They don't want to go through a bunch of stuff any more than I would. Bring what is needed and a little extra - make it easy for them.

You may have been done even quicker! But great interview and congrats on your approval! :thumbs:

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: AOS (apr) Country: Australia
Timeline

Congratulations!

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Filed: Timeline

Intent is a negative that when weighed with strong family ties becomes insignificant - it takes much more. I think we are on the same page with that. I believe the other poster is under the impression that it is a strong enough negative to justify a denial.

No, as I've stated before, intent is not a disqualification, and it is meaningless to say that it is "forgiven". However, immigration fraud is a disqualification, and it is by no means forgiven just because you are married to a U.S. citizen. Obtaining a non-immigrant visa and entering the U.S. on a nonimmigrant visa with the intent to immigrate involves fraud. For instance, someone who applies for a B-2 visa must show that they are using it for visitor purposes only, and that they do not intent to immigrate. This is based on part of U.S. law that imposes a presumption that an alien seeking a nonimmigrant visa has the intent to immigrate to the U.S. Likewise, in obtaining clearance under the Visa Waiver Program or under the travel regulations for Canadians, the alien also acknowledges that they do not intend to immigrate. This is similarly true for all nonimmigrant visas (F-1, J-1, TN, etc.), although not true for dual intent visas like H1-B.

As a result, intent can certainly be an issue in adjustment applications as it relates to fraud, especially (1) if the immigrant was required to provide evidence or representations that they lacked immigrant intent when obtaining a visa or while entering, and (2) if the immigrant cannot explain why the alien's prior representations and evidence were accurate when they were provided.

This has come up in interviews more than you might think, and I am aware of someone who's adjustment application was recently denied with instructions to apply for a waiver of a misrepresentation bar due to this issue.

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Filed: AOS (apr) Country: Canada
Timeline

As a result, intent can certainly be an issue in adjustment applications as it relates to fraud, especially (1) if the immigrant was required to provide evidence or representations that they lacked immigrant intent when obtaining a visa or while entering, and (2) if the immigrant cannot explain why the alien's prior representations and evidence were accurate when they were provided.

Bud...look...I have proven this before on here and posted directly from USCIS directives and case law...no need to get into it again. Just let it go.

I never said it is "forgiven" read again what I said. It is a negative factor that when weighed against familial ties is not nearly strong enough to warrant denial.

Misrepresentation and intent are two different things. You can have intent without misrepresentation and maybe that is where you are getting hung up.

The question of intent is rarely ever asked and if it is the word of the immigrant is accepted and they move on.

Sometimes there are other negative issues that come into play and that is where the weights begin to balance out and even tip in the favor of denial.

I am not going to post the case law again or the directives from USCIS 1. Because this thread is now irrelevant, the OP was approved and 2. Because I am just tired of arguing it. I know what I have said is true as do many others.

Carry on.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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