Intent

[Britinstl 47]

36 minutes ago, bad4tatt said:

From my understanding I thought you had to prove you did not intend on staying? I am adjusting status and am waiting for interview, hopefully soon and I also have proof I had no intent of staying. 

No. Intent is determined at the border, as already mentioned.

[Kyle&Ana 718]

I have heared a lot of ppl saying that u cant anymore adjust status if u enter to usa like visitor... but that confuse me... every ppl say something different about it... 

I cried everyday because i cant be to my man's side(for now)...and i have'nt  vacations enough for be more than a month with my B2.. Once we though that with my B2 ...but better we'll wait and apply for the K1. And yes normally after 90 days "is not "pre-arregend" but that is like if everybody just do that... love is unpredictable...have no time... no age...no culture...  but i wish u the best in name of love.

 

Ps. Pardon my english! 

 

Edited March 20, 2018 by Anita2009

[geowrian 22,335]

10 hours ago, Britinstl said:

To those mentioning the 60/90 day rule, that's nothing to do with USCIS, and not one they follow. That 60/90 rule is for some other government agency which I can't remember of the top of my head right now, but it is not used or enforced by USCIS. They will review it case by case and any red flags in applications will be questioned. But they don't use the 60/90 day rule.

The now-90 day rule is part of the Foreign Affairs Manual (FAM). The Department of State consular officers (COs) use the FAM.

USCIS handles AOS. USCIS uses the Adjudicator's Field Manual (AFM) as their guidance (alongside the actual INA, obviously). USCIS does not adopt everything from the FAM, and the "90 day rule" is one of the items that they have not adopted.

 

See Matter of Cavazos, (BIA 1980) and Matter of Battista (BIA 1987) for the details of the rulings where this has been tested and verified in court.

 

10 hours ago, Rmsean said:

THE 60/90 RULE TOO IS ALSO LOOKED AT BY THEM. THEY AUTOMATICALLY BELIEVE THAT IF YOU DO ANYTHING WITHIN THAT PERIOD DEPENDING ON WHEN THEY FEEL IT WAS PLANNED.

It is not. See the Board of Immigration Appeals rulings cited above.

 

10 hours ago, Rmsean said:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0ahUKEwj7oemN8fjZAhXnV98KHV-7CT8QFghOMAU&url=https%3A%2F%2Fwolfsdorf.com%2Fblog%2F5-things-know-new-department-state-90-day-rule-regarding-misrepresentation-based-conduct-u-s-adjustment-status-change-status-now-death-trap%2F&usg=AOvVaw2odNg-619Qm13ecklFxPAJ

Exactly...this is a change to the FAM, not the AFM. The article goes on to state that USCIS could adopt the same type of language (albeit doing so while following the INA given the BIA rulings noted previously is unlikely), but have not done so to date.

[Nemeseax 36]

30, 60 , 90 days rule- yes I am very aware that we need to follow the laws in order to be approved and continue with our lives .BUT ( even if USCIS had accepted that 90 days rule ) seems strange to me that real marriage between 2 honest people who truly love each other can be " fake and fradulent " if happened 89 days after the foreigner has entered the country; but the very next day  ( the 90th day) the same marriage is good.C'mon people, I just can not believe!

[geowrian 22,335]

1 hour ago, Nemeseax said:

BUT ( even if USCIS had accepted that 90 days rule ) seems strange to me that real marriage between 2 honest people who truly love each other can be " fake and fradulent " if happened 89 days after the foreigner has entered the country; but the very next day  ( the 90th day) the same marriage is good.C'mon people, I just can not believe!

Even if USCIS were to take into account preconceived intent (they don't), that would not have been not the issue. They don't make an assumption about the marriage being bona fide or not based on preconceived intent. The issue would have been misrepresentation to the CO or CBP about your non-immigrant intention. Having a bona fide marriage doesn't ensure permanent residency...one must still be eligible for it, and misrepresentation is a serious bar to eligibility.

Edited March 20, 2018 by geowrian

[Nemeseax 36]

1 hour ago, geowrian said:

Even if USCIS were to take into account preconceived intent (they don't), that would not have been not the issue. They don't make an assumption about the marriage being bona fide or not based on preconceived intent. The issue would have been misrepresentation to the CO or CBP about your non-immigrant intention. Having a bona fide marriage doesn't ensure permanent residency...one must still be eligible for it, and misrepresentation is a serious bar to eligibility.

Hypothetic situation- you are going to 2 weeks visit but in that period of time some very unplanned things happen. 

What then? You have said completely true at POE...is that mispresentation? How they decide that?Could they read peoples minds? I am ( still ) very confused. 

[geowrian 22,335]

6 hours ago, Nemeseax said:

Hypothetic situation- you are going to 2 weeks visit but in that period of time some very unplanned things happen. 

What then? You have said completely true at POE...is that mispresentation? How they decide that?Could they read peoples minds? I am ( still ) very confused. 

Under current rules, they won't consider it misrepresentation as intent is established at POE.

Way back before it was settled law, they could choose to question your original intent at POE to determine if you made a misrepresentation at that time. They can't read minds, but determining somebody's mindset is really what they are required to do every day. For instance, they need to determine if a marriage was entered into in good faith daily, which is determining the person's intent at the time. They look at the totality of the circumstances and evidence presented, and form a decision based on that information.

[Nemeseax 36]

15 hours ago, geowrian said:

Under current rules, they won't consider it misrepresentation as intent is established at POE.

Way back before it was settled law, they could choose to question your original intent at POE to determine if you made a misrepresentation at that time. They can't read minds, but determining somebody's mindset is really what they are required to do every day. For instance, they need to determine if a marriage was entered into in good faith daily, which is determining the person's intent at the time. They look at the totality of the circumstances and evidence presented, and form a decision based on that information.

Thank you so much for explanation. Seems resonable. However I hope they are aware that many of us aren't AOS- ing to scam the system; as well as some of us want to become LPR ONLY  in order to spend our lives with our American spouses, no other reason. 

[EM_Vandaveer 2,369]

This was back in 2011, but I got married 11 days after entering on VWP and was not asked about intent at the interview.

[Nemeseax 36]

1 hour ago, EM_Vandaveer said:

This was back in 2011, but I got married 11 days after entering on VWP and was not asked about intent at the interview.

I can only say " lucky you" .It seems that things has been much easier before. 

Well if asked I will tell my story. That is all I ( we all ) can- and stay positive. 

[EM_Vandaveer 2,369]

2 hours ago, Nemeseax said:

I can only say " lucky you" .It seems that things has been much easier before. 

Well if asked I will tell my story. That is all I ( we all ) can- and stay positive. 

I don't think it was luck. Intent is irrelevant for spouses of USCs. (Just to clarify we did not have intent to file AOS, we knew next to nothing about immigration.)

We did marry within two months of meeting each other and were asked about that.

[Rmsean 74]

11 minutes ago, EM_Vandaveer said:

I don't think it was luck. Intent is irrelevant for spouses of USCs. (Just to clarify we did not have intent to file AOS, we knew next to nothing about immigration.)

We did marry within two months of meeting each other and were asked about that.

what was your answer to the quick marriage?

[EM_Vandaveer 2,369]

1 hour ago, Rmsean said:

what was your answer to the quick marriage?

The truth. That we just knew it was the right decision to get married because we were right for each other. If you know, you know. Almost 7 years and 3 kids later, we still don't regret it.

[BritGirl88 43]

So much mis-information in this thread. Mostly from people that have never been through the process of adjusting from visitor status.

 

1. The 30/60/90 has nothing to do with USCIS. I got married 32 days after entering the country and was not asked 1 question about intent. My interview was in 2017.

2. Intent is determined at point of entry. Once you are legally allowed to enter the country, that means the CBP officer has determined that you do not have intent and it no longer matters. USCIS main concern is that you have a legitimate marriage and that will be the main focus of the interview. You cannot be denying based on intent. Case law supports this.

3. YOU DO NOT HAVE TO PROVE OR PROVIDE EVIDENCE THAT YOU DID NOT HAVE INTENT.

 

Please people. Stop spreading the false information that you read on these forums. The people saying these things have no experience with this situation, they just see the word "fraud" and come up with their own ideas about what will happen. USCIS will try to determine whether your marriage is real. Not intent.

Edited April 4, 2018 by BritGirl88

[azblk 338]

4 hours ago, BritGirl88 said:

So much mis-information in this thread. Mostly from people that have never been through the process of adjusting from visitor status.

 

1. The 30/60/90 has nothing to do with USCIS. I got married 32 days after entering the country and was not asked 1 question about intent. My interview was in 2017.

2. Intent is determined at point of entry. Once you are legally allowed to enter the country, that means the CBP officer has determined that you do not have intent and it no longer matters. USCIS main concern is that you have a legitimate marriage and that will be the main focus of the interview. You cannot be denying based on intent. Case law supports this.

3. YOU DO NOT HAVE TO PROVE OR PROVIDE EVIDENCE THAT YOU DID NOT HAVE INTENT.

 

Please people. Stop spreading the false information that you read on these forums. The people saying these things have no experience with this situation, they just see the word "fraud" and come up with their own ideas about what will happen. USCIS will try to determine whether your marriage is real. Not intent.

This has been said again and again in this and several other threads but it seems there is so many people on here that either ignore it or just refuse to believe it.