urgent help needed , please

[sam-88 0]

I came to the US almost 2 months ago on B2 visa, my friend who I met in Asia sent me an invitation and that's how I got it. when I arrived here she hosted me and by the time we started developing feelings and we decided that I stay here and get married next week. I heard that there will be a high possibility of rejection as she sent me an invitation and we know each other before (means we planned it) which is not true at all.

 

I just need your help in how to prove (documents or a good way to do it) that we did not plan for that and what we have now is real and did not have it before at all.

 

Please advise

Thank you

[Unshakable Faith 493]

Intent is determined at the border entry, they apparently didn't see any fraud intent.  Get married and file your AOS paperwork.   

 

Best wishes!

[sam-88 0]

11 minutes ago, Unshakable Faith said:

Intent is determined at the border entry, they apparently didn't see any fraud intent.  Get married and file your AOS paperwork.   

 

Best wishes!

Thank you:)

[azblk 338]

33 minutes ago, sam-88 said:

I came to the US almost 2 months ago on B2 visa, my friend who I met in Asia sent me an invitation and that's how I got it. when I arrived here she hosted me and by the time we started developing feelings and we decided that I stay here and get married next week. I heard that there will be a high possibility of rejection as she sent me an invitation and we know each other before (means we planned it) which is not true at all.

 

I just need your help in how to prove (documents or a good way to do it) that we did not plan for that and what we have now is real and did not have it before at all.

 

Please advise

Thank you

Wheter you planned it or not, it does not matter at this point. Just get married and do your thing. You can not be denied due to preconceived intent.

[sam-88 0]

11 minutes ago, azblk said:

Wheter you planned it or not, it does not matter at this point. Just get married and do your thing. You can not be denied due to preconceived intent.

Thank you:)

[geowrian 22,336]

9 hours ago, azblk said:

Wheter you planned it or not, it does not matter at this point. Just get married and do your thing. You can not be denied due to preconceived intent.

Well, it's a bit more nuanced than that. This is hypothetical since the OP has stated it was not planned.

If somebody did plan to enter and AOS, it is still fraud. It's just fraud they aren't going to investigate and won't cause AOS to be denied.

[azblk 338]

17 minutes ago, geowrian said:

Well, it's a bit more nuanced than that. This is hypothetical since the OP has stated it was not planned.

If somebody did plan to enter and AOS, it is still fraud. It's just fraud they aren't going to investigate and won't cause AOS to be denied.

That is simply your opinion. The USCIS/ the COURTS have a different view. Repeatedly calling it fraud doesnt make it so.

[geowrian 22,336]

6 minutes ago, azblk said:

That is simply your opinion. The USCIS/ the COURTS have a different view. Repeatedly calling it fraud doesnt make it so.

If a tree falls in the forest, does it make a sound? Scientifically, yes - sound can be measured and recorded in various ways. Just because one does not hear it doesn't mean it never happened.

Going back to the immediate case, see what happens if somebody tells the IO that they lied to the CBP officer about their intent to stay. If it's permitted, they won't have any problem with it.*

*But seriously...don't do this!

[azblk 338]

5 minutes ago, geowrian said:

 

Going back to the immediate case, see what happens if somebody tells the IO that they lied to the CBP officer about their intent to stay. If it's permitted, they won't have any problem with it.*

*But seriously...don't do this!

(2) Notwithstanding evidence establishing preconceived intent, an application for adjustment of status should as a general rule be granted in the exercise of discretion in the case of an immediate relative or other specified alien who under Operations Instruction 245.3(b) and 8 C.F.R. 242.5(a)(2) and

 

in the matter of cavazos. Read on it

[geowrian 22,336]

55 minutes ago, azblk said:

(2) Notwithstanding evidence establishing preconceived intent, an application for adjustment of status should as a general rule be granted in the exercise of discretion in the case of an immediate relative or other specified alien who under Operations Instruction 245.3(b) and 8 C.F.R. 242.5(a)(2) and

 

in the matter of cavazos. Read on it

Yes. Basically as long as you don't tell them you lied to CBP about intent (or similar overwhelming evidence is available), they won't hold it against you for AOS purposes. That doesn't mean one has not already committed fraud just because he/she was not caught.

[azblk 338]

10 minutes ago, geowrian said:

Yes. Basically as long as you don't tell them you lied to CBP about intent (or similar overwhelming evidence is available), they won't hold it against you for AOS purposes. That doesn't mean one has not already committed fraud just because he/she was not caught.

That is not what it means. It means that even when there is evidence of preconceived intent, Immediate relatives of US citizens are exempted from that section of the law.

[x_driven_x 1,778]

.

Edited May 12, 2018 by x_driven_x

[azblk 338]

3 minutes ago, x_driven_x said:

Let me bold the part that tells you you're wrong

 

 Notwithstanding evidence establishing preconceived intent

 

If there is evidence of preconceived intent, then the rest of the sentence doesn't apply....

English is not my first language but i do understand very well.  Notwithstanding means despite

 

https://dictionary.cambridge.org/us/dictionary/english/notwithstanding

 

 

[x_driven_x 1,778]

1 minute ago, azblk said:

English is not my first language but i do understand very well.  Notwithstanding means despite

 

https://dictionary.cambridge.org/us/dictionary/english/notwithstanding

 

 

Yes.... so if you set those cases aside, AOS should generally be granted... it doesn't mean you should ignore that evidence of preconceived intent and approve those cases.

 

The term notwithstanding… is used as a preposition to indicate that the provision that follows is limited by another provision. In our case, it is limited by provisions that preconceived intent is considered fraudulent.

 

 

 

[azblk 338]

11 minutes ago, x_driven_x said:

Yes.... so if you set those cases aside, AOS should generally be granted... it doesn't mean you should ignore that evidence of preconceived intent and approve those cases.

 

The term notwithstanding… is used as a preposition to indicate that the provision that follows is limited by another provision. In our case, it is limited by provisions that preconceived intent is considered fraudulent.

 

 

 

No you are wrong about that. Read up on the matter of Battista .

 

https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html

 

https://www.hooyou.com/familybased/exceptions.html

 

Edited May 12, 2018 by azblk