Waiting over a year on our I-130 :(

[NikLR 13,234]

1 hour ago, SabRob said:

OP clearly stated that it was her intent to stay in the US as she adjusted her status. Plus, even if you're allowed to enter the US and immediately file for AOS, that is clearly visa fraud. 

OP clearly stated they told the CBP their intention.  The CBP allowed entry at that time.  Thus there is no fraud because the fraud is in lying to the CBP.  Once allowed in by the CBP it doesn't matter, they cannot be denied to due intent. 

 

Does that mean that people use that to their advantage and that it's unfair? Absolutely.  Does it mean that it's legal? Yes it's a legal course of action for them to take. 

[SabRob 154]

15 minutes ago, NikLR said:

OP clearly stated they told the CBP their intention.  The CBP allowed entry at that time.  Thus there is no fraud because the fraud is in lying to the CBP.  Once allowed in by the CBP it doesn't matter, they cannot be denied to due intent. 

I'm sorry but there is no way a CBP officer will allow entry in the US if you clearly state that your wish is to remain in the US in order to adjust status. A tourist visa is not a dual intent visa.

 

[Ketsuban 1,035]

4 minutes ago, SabRob said:

I'm sorry but there is no way a CBP officer will allow entry in the US if you clearly state that your wish is to remain in the US in order to adjust status. A tourist visa is not a dual intent visa.

 

Except it appears to have happened in this case for whatever reason. Maybe that officer was drunk or something.

[geowrian 22,344]

Either she told the CBP officer that she intended to adjust and he let her through (in which case it's not fraud and can't be used against her), or she told him that she did not intend to adjust (in which case that cannot be used against her afterwards per the court cases noted), or she didn't tell him anything about adjusting (which also cannot be used against her). In the end, it doesn't matter once she entered the US.

Edited April 16, 2017 by geowrian

[USC1961 251]

3 hours ago, NikLR said:

OP clearly stated they told the CBP their intention.  The CBP allowed entry at that time.  Thus there is no fraud because the fraud is in lying to the CBP.  Once allowed in by the CBP it doesn't matter, they cannot be denied to due intent. 

 

Does that mean that people use that to their advantage and that it's unfair? Absolutely.  Does it mean that it's legal? Yes it's a legal course of action for them to take. 

Isn't the action itself fraud? 

Edited April 16, 2017 by Cruise77

[NikLR 13,234]

12 hours ago, Cruise77 said:

Isn't the action itself fraud? 

Technically but they can't do anything about it.  Even if on the AOS interview someone said, I entered with intent to immigrate, the USCIS can't deny them.

 

It's why I am totally against AOS except for medical reasons (aka someone is pregnant and high risk or otherwise is physcially unable to travel.) But the USCIS makes the most money from AOS and for a self funded government agency, money is important.  

[NikLR 13,234]

15 hours ago, Ketsuban said:

Except it appears to have happened in this case for whatever reason. Maybe that officer was drunk or something.

Go home CBP officer, you're drunk!  LAWL

 

[Ryan H 3,926]

 

~~~Do not belabor what a certain CBP officer did or did not do in light of a statement that may or may not have been made any further as it is causing the thread to derail.  The OP is free to clarify what they said in the first post as to what they specifically said to CBP but it is not to be debated any further.~~~

 

~~Moderator hat off~~

 

What the Battista and Cervantes matters established is that USCIS cannot use suspicion of intent alone as a reason to deny an AOS application.  I'm not sure admitting lying at the POE would get someone off the hook as that is admitting Material Misrepresentation which is still grounds to deny (although the burden is on the Government to prove it).

 

**Moderator hat back on**

 

***The focus of this thread is to immediately return to the questions the OP asked as it relates to their case in the here and now and to not speculate on what a CBP officer did or didn't do; action will be taken if this direction is not followed.***

 

[Ryan H 3,926]

**Duplicate threads merged.**

[JMT1985 0]

On 4/15/2017 at 11:50 AM, SabRob said:

On 4/15/2017 at 10:52 AM, kzielu said:

Well, you need to wait on the I-130 and as long you have bona fide marriage, there's no reason for it to not get approved. The you will have to continue consular process that will result in her getting immigrant visa at the embassy in her home country (I assume that's where she is right now).

What kind of visa did you apply for? K3 or CR-1? K3 visas are pretty much obsolete and are rarely approved. Or did you file i-130 and i-485 concurrently? (for adjustment of status within the US) - because if that's what you did then when your wife left the US to go back to Guatemala then the process was dropped. 

 

Your case sounds a bit complicated and I think you should probably get a lawyer since she was detained and offered to withdraw her application for entering the US. While it might not affect her place in line if you did in fact file for a CR-1 visa, it might affect the outcome. 

Op here. To clarify we only submitted the I-130 and not the I485. What I said to the CBP officer is exactly how it happened. He asked how long are you staying and I said we want to make this our home and start the process here and immigrate the right way. I was not purposely trying to defraud anyone just naive. He asked for the location of the marriage and the date, how long we had known each other and we were free to go after just about 5 minutes. I had an appointment with a local USCIS agent and he said that all we can do is be patient with the I-130 and wait for the case to be transferred to the dept of state with consular processing. I requested a timeline and all he could say was looks like someone opened the case in Feb but thats about it... I know normally you need to be a resident of a country for 6 months before filing for consular processing do you think that situation will apply for us also? I have spoken with a few attorneys and they all pretty much say we would love to help but cant do anything until the I-130 is processed.  Once again I was never knowingly trying to defraud USCIS, life would have been a lot easier if my wife had just said she was a tourist visiting when she attempted to re enter, instead she was treated to 3 days in a detention center and offered a voluntary departure. With no criminal record, history of overstays and a college degree it was and is beyond frustrating. An attorney has told me they have let many people with DUI's even re enter...

Edited April 30, 2017 by JMT1985
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