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Yukon23

Getting married under visa waiver program

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Filed: AOS (pnd) Country: Switzerland
Timeline

Once you are allowed entry into the US by a customs officer it is assumed that you have satisfied any preconceived intent issues. It is the customs officer responsibility to question you in this regard and determine what your intentions are. Unless something rock solid shows up down the line that proves you had intent when entering, the USCIS usually does not pursue that line of questioning. Sometimes they will ask a few questions about intent, if they feel there was, to see what your answers are, but they won't pursue it any further without proof. Also, the burden of proof of intent to immigrate is on USCIS, not the immigrant to prove otherwise. And even with proof of intent, it is still not enough to deny an AOS application.

OK, makes sens! I thought it was more difficult than that but it's still a bit confusing.

People who made an AOS : since you got married "suddenly" and stayed in the US, how could you prove that you were going back home if your intention was obviously not to go home? Did you just "quit" everything in your country while you were already in the US?

I just can't picture how people do it... it seems so difficult to do it!

12.03.2015 - Sent AOS package to USCIS Chicago

12.06.2015 - Package delivered

12.14.2015 - Text received from USCIS; case received

12.17.2015 - NOAs received on my birthday! :)

01.07.2016 - Appointment for biometrics

01.11.2016 - Form I-485 ready to be scheduled for interview

02.17.2016 - EAD/AP approved

02.24.2016 - EAD/AP arrived today

03.18.2016 - Notice for interview scheduled April 20, 2016

04.20.2016 - Green Card Interview

04.26.2016 - Green Card received

End of this journey!

01.2018 - Sent I-751 - 10-year Green Card package

04.25.2019 - I-751 approved 

#prayingformyGC

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OK, makes sens! I thought it was more difficult than that but it's still a bit confusing.

People who made an AOS : since you got married "suddenly" and stayed in the US, how could you prove that you were going back home if your intention was obviously not to go home? Did you just "quit" everything in your country while you were already in the US?

I just can't picture how people do it... it seems so difficult to do it!

Pretty much everything about immigration is confusing, very little is cut & dry.

Yes, for the most part, people who marry on a whim do leave everything behind until they receive their advance parole or greencard which will allow them to leave the US and re-enter without issue.

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OK, makes sens! I thought it was more difficult than that but it's still a bit confusing.

People who made an AOS : since you got married "suddenly" and stayed in the US, how could you prove that you were going back home if your intention was obviously not to go home? Did you just "quit" everything in your country while you were already in the US?

I just can't picture how people do it... it seems so difficult to do it!

Faulty logic here - you are assuming their intent was to stay in the US, not just to visit (or whatever their visa was for). That is not usually the case. Often family members or friends have to help wind up what they can in the home country, and then the immigrant returns once they have their green card to take care of the rest.

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

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  • 5 months later...
Filed: Timeline

What is the difference between Intend to Migrate and not? Because everyone will say yes....there Intend was not to get married and apply AOS. It happens at the last moment. But how really to prove that.

What measures to keep in mind?

The time is so less ..so how to arrange documents within so less time like (Birth cert or Police cert) to apply for AOS

If I am visiting first time, should I mention i am going to meet my GF or just normal visit...because there is possibility I will be get turned at POE if mention about GF stuff.

Please give me some tips ...that need to keep in mind for getting married on WVP and filling AOS.

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Filed: AOS (pnd) Country: Ireland
Timeline

Hi,

I came in USA with a waiver visa to visit my boyfriend. We got married and now we are filing the different forms for the AOS.

The fact that I came with a waiver visa I didnt get the I-94 form that they are talking about in the AOS papers. Is it a problem?

Do I have to send all the papers before the end of my waiver visa?

How long does it take to get the green card?

Sorry for my English but I am French.

Thank you.

I-94's are electronic now. You don't get a paper when you fly in like you used to. I don't have the link right now but you can get your record from the DHS website.

AOS Journey
6/13/2014 AOS package sent
6/17/2014 package received at Chicago Lockbox
6/23/2014 Received text messages that all forms have been accepted. 1-485 is at Nebraska Service Center.
6/23/2014 Checks Cashed
6/28/2014 Hard copy NOA1s received in mail today!
6/30/2014 received letter for Biometrics appointment on July 17th
7/17/2014 went to biometrics appointment at Cranston, Rhode Island office. Only took ten minutes.6
7/22/2014 Received text and email that case is in Interviewing and Testing stage
7/28/2014 received interview date for 9/4/2014 (day 45)

8/28/2014 received email that EAD has been approved...Will have interview before EAD is mailed though LOL!

9/04/2014 AOS Interview in Boston. Approved!!!! (day 83)

9/6/2014 EAD delivered

9/11/2014 GC delivered

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