intend to do AOS but I was interrogated upon entry.

[jajaju 33]

So my situation is different from anything I've read before, I would very much appreciate advice on if you think I'm in an ok position to do well in AOS interview.

Husband and I met in 2009 on an airplane from Aus to the states. We dated for two years before we got married, in which time I was studying and would go to the states for long periods. We were married in Australia and moved to China 3 days after the wedding and lived and worked for 2 years. We rescued two street cats while there. (which is a detail which oddly enough plays a huge part in my story).

My husband's father passed away around October last year so we travelled for that, then went back for 4 weeks at Christmas to spend the last one in the family house before his mother sold the place. In leaving the states on December 28th, we left with no intent of moving to Australia or the US, nothing, but in saying that, over the past 6 months or so our company in China had gone downhill quickly.. expat workers aren't treated very well over there, our company had cut our salaries with no authority to etc etc. My father who is a financial advisor had visited us just after this happened and was very concerned about our treatment and unhappiness.

When we got back after our christmas trip, we began to speak about how unhappy we were. My husband was speaking to a friend, and by chance he mentioned a job opening at his work. My husband ended up being practically begged to take the position and to start within a month. The other upside was that my husband's twin sister had her old apartment up for sale, which she offered us to live in. I wrote an email to my Australia family to let them know that we're leaving. I made it very clear that it was NOT a move to the US, but a move out of china. I didn't mention anything in the mail about travelling to Aus and applying for spouse visa, we were planning on this but I wanted to get everything straight before getting my parents hopes up (i had only gone back to Aus once since moving to China, we spent all our money on tickets to US for funerals weddings etc)

To take our two cats, we HAD to both travel to the US. You must have one person per cat. It was out of the question for me to go straight to Aus to begin my spouse process and speed it all up. We decided with all the stress of leaving china with 3 weeks notice, let's just 1. get out of china, I'd spend up to 90 days in states, then we'd figure it out. We booked two flights out of china and we were off. (one way of course, since we don't plan to return for a while)

We arrive on US soil and immediately my stomach hits the floor when they ask to see my return ticket. We had purchased very expensive Delta flights since it's the only airline who would accept our cats, and planned to use my husband's miles on AA to get me to Australia. STUPIDLY, I hadn't read the fine print on visa waiver and just click click click. We were so busy and stressed packing up throwing out everything that we thought we'd deal with that later. My sister lives in Washington (I'm in FL now) so I also didn't know from where I'd be departing the US and when exactly (before 90 days of course)

They put me in a little room and I was interrogated for two hours. I hadn't slept for over 30 hours, all I could hear was my cat crying on the other side of the door. It was the worst experience of my life. The lady said she had no reason to believe i intended to leave the US once inside, and she couldn't understand why i didn't apply from China for spouse entry. .. I told her everything in China is a GIANT hassle and I wanted to see my family in Aus anyway so that's why we'd planned that. I told her that I understand that she has doubts, but the last thing I ever want to do is break any rules and I respect the system very much. Anyway she asked for me EMAIL PASSWORD and took it and was gone probably for an hour. (maybe it was 10 minutes but it felt like eternity).

I was sitting there dying thinking I was going to be sent away because there's nothing really in my email! My husband and I are quite private and don't spread personal stuff around. (and remember I said I hadn't said anything to my family yet because otherwise they'd start applying for time off work to spend time with me and things like that) She came back and said there was nothing to suggest i intended to leave (nothing that i intended to stay either though)

In the end, I asked her to please help me help her, and give me a way to prove i had pure intentions. She had us purchase a one way (Delta! $$!!) flight on the spot for April 25th, then she let me go with my passport and everything just as I'd came with.

Having considered that it may take up to a year if I go to Australia to apply for spouse entry, I plan to apply for AOS in about a month. This was genuinely a change of mind move now that I'm here with him and his close family. I can't bare to think of being in Aus away from him that long.

Our supporting documents will be more in the form of multiple affidavits and pictures because we have no phone bills or joint accounts (paid cash in china), but I'm honestly not worried about that part, I am just petrified that my whole situation is potentially resting on if it's believable that I entered the US not intending to stay.

Does anyone have suggestions on how I can further prove that? As soon as I learnt we were leaving China I applied for criminal clearance certificates (needed for if I was applying from Aus) for both China and Aus. I would think things like this would prove intent to not stay in the US.

I also would like to be able to have supporting documents that our objective was to leave China. I'm thinking an affidavit from my dad stating that he was in china and discussed this with us about being screwed by our company. (2 weeks after we left China one of the company's branches went bankrupt-wish i could somehow prove that!)

How do you think the Immigration Officer will feel about me? There's a huge mystery about what (if anything at all) the officer at the airport wrote about my case. This is what's making me very nervous.

Any advice or words greatly appreciated.

[Harpa Timsah 13,258]

Intent to immigrate is a negative factor that is not enough to deny an AOS by itself. However, did the person put "No AOS" in your passport or anything like that? I am not sure that even has legal grounds but I would be worried. Any other annotations in your passport?

You were foolhardy to think that you could show up to the US with a husband and lots of bags and cats and no return ticket (a requirement of VWP as you now know) and to think that you would not have trouble with entry. I also think it's completely unlikely that after doing all that work on moving that you would leave the US, even though you say you weren't really planning it, per se.

[Mariana2012 89]

You can apply for AOS but your interview might go wrong so it might be a good idea to get a lawyer. They can only judge you on your actions not your intentions and to them you lied at POE so that will more than likely come up at the time of the interview

[NigeriaorBust 4,087]

You have entered and specifically been asked by immigration if you intended to stay. You had problems showing them that your true intent wasn't to stay and now you are going to turn around and stay. You live a far riskier life than I could handle because your immigration record has surely been noted from your entry and IF AOS doesn't go well you will not have a chance to appeal and could face a ban for misrespresentation. One way ticket and cat makes immigrantion intent not hard to prove for any immigration agent. If I were doing it I would file the I130 ( if you want to stay in the US ) enjoy your time here and leave when your I94 expires. You should still be able to visit while things process.

[aaron2020 11,651]

Look at your situation objectively.

You husband has a US job offer. You show up at a POE with all your belongings, your cats, and no ticket to leave the US. You were suspected of illegally immigrating to the US and you claim no. Now, you want to AOS.

Come on. You've just contradicted your claim which allowed you to be admitted into the US.

AOS is not going to end well for you. Take your chances if you want, but its not going to end well for you because your statement at the POE is going to bite you in the #######.

The smart choice is to go home and endure the temporary separation like many other couples here while you wait for your immigration visa.

Sorry, but you played the "fast immigration" game and you've lost.

I personally do not believe your story. I don't think anybody with experience on this forum will believe it either.

Edited February 22, 2013 by aaron2020

[benchris 0]

I suggest you should go ahead and file your case ..

[happyblah 1]

I wouldnt suggest going ahead with AOS.But if you do -remember there will be NO appeal on VWP.If you get denied you cant appeal.

Please just be rational. Immigration has every right to believe you had preconcived intent PLUS you swore up and down at the port of entry that you have no intent and then you do file AOS. They will be able to find records of you POE. Do whats best for you.

Edited February 23, 2013 by happyblah

[AnotherLostSoul 167]

I wouldnt suggest going ahead with AOS.But if you do -remember there will be NO appeal on VWP.If you get denied you cant appeal.

Please just be rational. Immigration has every right to believe you had preconcived intent PLUS you swore up and down at the port of entry that you have no intent and then you do file AOS. They will be able to find records of you POE. Do whats best for you.

I agree with happyblah. You said you had no intention of immigrating after all that torture you had, and all the things that showed otherwise (one way ticket, cats, and shitload of stuff). They eventually let you in. And now you are thinking about filing for AOS...Seriously? If you file for AOS that means you completely lied at the POE. So, you have high chances of denial, and furthermore, ban from the US. Maybe your husband should start looking for a nice, normal job in Aussie and have you guys going back...or go back home and and file for spousal visa. The AOS is not the best for you now...you've lied at the POE. (this is USCIS way of interpreting your story)

[CC90 90]

"Genuinely a change of mind." ?

Come on...

While I have to give you some credit for explaining in open forum how you completely lied, it's pretty insulting to the community here to see how you took advantage of an officer who chose to give you the benefit of the doubt. It's exactly situations like this this that cause honest people to get more scrutiny.

Every day, people with genuine intentions with a slightly strange story get sent back, and then to see how people like you take advantage of CBP's _VERY_ sparse sympathy is quite difficult.

You can come here with the cats like you did, but you can't stay here. Whether your AOS will work or not depends on several factors, not least your convincing ability to be dishonest.

While there are people that get away with this, you're in the wrong place for the people here to tell you it's all okay and it will work. We foremost don't have enough information about your case, but many here simply have no respect for possible future citizens that make blatant dishonesty and disrespect for their newly adopted country as part of their very first interactions with it.

[N-o-l-a 7,167]

I would not file for AOS. It is your life, so do as you please, but I don't think anyone here would recommend it. If they claim you lied at POE that is a big deal and from all the evidence you've presented here, I can't see how they would reach a different conclusion.

Also, stories like this make it hard for the rest of us. I really wanted my husband to help me move back earlier if I needed to but was afraid of what would happen at POE with bags full of *my* household items. He would have genuinely intended to return because we both think AOS is a pain.

[Penguin_ie 5,986]

I would also not risk an AOS in your case. Have your husband petition you now via the I-130, leave when your 90 days is up, and because you did the right thing by not overstaying, there is a decent chance you can visit again during the process if you wish.

[Xanax 349]

Normally I would be all "go for it, it really isn't a big risk" etc as I adjusted from the VWP... but you were interrogated by CBP and they didn't want to let you in and all the other evidence that would point to you staying like bringing your cats, obviously all your luggage, did you say you had police certificates/ clearances? the fact you were already married to your husband, I just personally would not risk that.

Similarly, If you are denied you will have to leave the US and find somewhere else to live and file for an IR-1 visa, you won't be eligible for the VWP (so no visiting while the visa process takes place) anymore and you will have to file a waiver for your overstay.

The most logical route in my mind is to return home to your family in Aus, spend some quality time with them, apply for the IR-1 visa (you can do that while you are here now), visit on the VWP if you like and wait out the process. Your spouse can also visit you in Australia during this time and once granted your visa and you enter the USA you will have a greencard, be legal and be able to work/ travel straight away without worrying.

Note: I say IR-1 because I assume you have been married for 2+ years (or I thought I read that).

[mtcmk1 37]

I would highly suggest you do not try to file for AOS now, as others have said. It doesn't sound like you will have a happy ending with it--since you will be interrogated again about what you said at POE. Plus the fact that you purchased the April 15 ticket will add to the 'lying' point they will probably stress at the interview.

I don't think even using a lawyer will help--you will lose money and possibly face a ban. Have your husband file I-130 for you, leave on April 15, visit as much as you can while it is being processed. Don't risk a ban---a longer time away from your husband than I-130 would.

That's my suggestion. But of course, you are allowed to do what you want. Good luck!

Edited February 23, 2013 by mtcmk1

[bigdog 376]

I would also not risk an AOS in your case. Have your husband petition you now via the I-130, leave when your 90 days is up, and because you did the right thing by not overstaying, there is a decent chance you can visit again during the process if you wish.

:thumbs:Don't risk a permanent ban with an overstay.

[aws&ndd 103]

I also would strongly advise against trying to AOS...you are almost certain to receive a denial. You are not supposed to AOS from non-immigrant visas, but there are some cases in which it happens. In those cases there was no intent to do so upon arriving. When you arrived you had PROOF of intent (no return ticket, bringing all your belongings, etc.) and immigration has record of everything that happened at your POE. It is irrelevant whether or not you personally had originally intended to stay, immigration sees a different picture.

Bottom line, take the return flight home, apply for spousal visa and come here with that.