Intent

[Nemeseax 36]

A lot of us are AOS- ing from different visas and personally I can not judge anyone because I am the one also. 

Reading different topics here the word " intent " has caught my eye. Yes I know very good the golden rule but my simple question is - why  ( as far as I know) in many cases people aren't even asked about that at their interviews? Seems very strange to me.

What do you think, dear members? 

Thank you for your answers. 

[Going through 5,668]

1 hour ago, Nemeseax said:

Reading different topics here the word " intent " has caught my eye. Yes I know very good the golden rule but my simple question is - why  ( as far as I know) in many cases people aren't even asked about that at their interviews? Seems very strange to me.

What do you think, dear members? 

Because intent is determined by the officers at port of entry when the person crosses the border....not at the AOS interview.  This is why it's mostly not brought up during the interview.

[azblk 338]

7 minutes ago, Going through said:

Because intent is determined by the officers at port of entry when the person crosses the border....not at the AOS interview.  This is why it's mostly not brought up during the interview.

This is only true when the sponsor is a us citizen. For instance if the spouse of a permanent resident entered the US on a B1/B2 visa while his/hers priority date is current and tries to AOS during that visit they can be denied AOS if the USCIS believes they entered with in the intent to AOS. On th other hand the spouse of a USC can not be denied regardless of their intent.

[Britinstl 47]

As mentioned, intent is determined at port of entry by an inspecting officer.

 

People can have sudden change of hearts, change of plans, meet someone suddenly, a spontaneous proposal, etc, so trying to determine intent much later becomes very difficult and hard to judge.

[Rmsean 74]

1 hour ago, Britinstl said:

As mentioned, intent is determined at port of entry by an inspecting officer.

 

People can have sudden change of hearts, change of plans, meet someone suddenly, a spontaneous proposal, etc, so trying to determine intent much later becomes very difficult and hard to judge.

I AGREE WITH THIS. ITS VERY TRUE.

[HTM27 21]

What visa did you come on? Your original "intent" matters less the longer you are in the country. If you come on a tourist visa/VWP for a week's vacation and then, miraculously, end up marrying somebody, you should be prepared to have a very compelling explanation.

 

IIRC, the sweet-spot is 60 days. 

[Rmsean 74]

2 minutes ago, Bm1789 said:

What visa did you come on? Your original "intent" matters less the longer you are in the country. If you come on a tourist visa/VWP for a week's vacation and then, miraculously, end up marrying somebody, you should be prepared to have a very compelling explanation.

 

IIRC, the sweet-spot is 60 days. 

its been extended to 90

[HTM27 21]

5 minutes ago, Rmsean said:

its been extended to 90

Is that a new Trump-era change?

[Nemeseax 36]

Yes I have come on B2 .So now that is kind of confusion. You ' ve said " be very prepared " , the other have said " intent is determined at POE" , the 3rd part have said " intent is not even mentioned at interview ".

And no, I have not miraculously met someone at my vacaton and ended up marrying him in order to " finally realize my american dream " by fradulent marriage. 

[Rmsean 74]

Just now, Bm1789 said:

Is that a new Trump-era change?

i believe so. the 90 day rule

[Rmsean 74]

3 minutes ago, Nemeseax said:

Yes I have come on B2 .So now that is kind of confusion. You ' ve said " be very prepared " , the other have said " intent is determined at POE" , the 3rd part have said " intent is not even mentioned at interview ".

And no, I have not miraculously met someone at my vacaton and ended up marrying him in order to " finally realize my american dream " by fradulent marriage. 

how long were u in the country before you got married?

[Nemeseax 36]

1 minute ago, Rmsean said:

how long were u in the country before you got married?

3 and 1/2 months 

[Rmsean 74]

Just now, Nemeseax said:

3 and 1/2 months 

you're fine. thats over a 100 days. they shouldn't ask anything. wait, did you know the person you married before you got here?

[Nemeseax 36]

1 minute ago, Rmsean said:

you're fine. thats over a 100 days. they shouldn't ask anything. wait, did you know the person you married before you got here?

Yes- We were friends, very very good ones. Have visited twice but haven' t stayed at his house, but at other friends  ( an older couple).My last visit I have come as usuall , but we realize that simply there is much more then frienship between us, so I ve prolongued my vacation  ( unpayed) .He has finally proposed me and I have shocked all arround( including myself lol)by my agreement. 

I must add that I have had 2 jobs, a lot of saved money in retirement funds, not to mention appartement pets etc. ( Thanks to my swedish friends who are helping me ans have sent my documents).

At my last trip here, my suitcase has included just a little clothes and necessary things ( no wedding dress lol).So ...is there any intent here? Btw I am older person, kinda tio late to make a lot of plans, right? But life surpreses us always. 

[Rmsean 74]

2 minutes ago, Nemeseax said:

Yes- We were friends, very very good ones. Have visited twice but haven' t stayed at his house, but at other friends  ( an older couple).My last visit I have come as usuall , but we realize that simply there is much more then frienship between us, so I ve prolongued my vacation  ( unpayed) .He has finally proposed me and I have shocked all arround( including myself lol)by my agreement. 

I must add that I have had 2 jobs, a lot of saved money in retirement funds, not to mention appartement pets etc. ( Thanks to my swedish friends who are helping me ans have sent my documents).

At my last trip here, my suitcase has included just a little clothes and necessary things ( no wedding dress lol).So ...is there any intent here? Btw I am older person, kinda tio late to make a lot of plans, right? But life surpreses us always. 

ok. you should be fine.