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milkmndan

travel before AOS & I-130

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H all, first post here, been lurking. so far very helpful. just had a quick question.

 

we're gonna work with an attorney, and she says after the wedding in the states to stay in the states wait 3 months and then do AOS and I-130 I guess synchronously.

the plan is after the wedding to spend that 90 day waiting period in Canada, come back and start the process in the states.

will our plan create problems? we will travel separately back and just won't mention marriage, maybe just family to the agents.

 

 

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That’s fraudulent. One can not enter the US with the intent to stay and adjust status. 


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This is incredibly illegal and can land you with a lifetime ban from the US.

 

Our attorney mentioned it to us too because it is legal if you enter the US WITHOUT the intent to immigrate (which you clearly would not be doing). It exists to allow people that came over on legitimate visas (such as student visas) and met and married a USC to apply for their green card without having to leave again. If your attorney is actively encouraging you to take this route, find a new attorney. 

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It is a TOS Violation for members to give you anything but the legal options you have. As mentioned above your plan is fraud and cannot be condone. Find another lawyer she has given bad advice there is no 90 day rule for AOS it's all about the intent at the border which you are clearly going to try and hide.


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12 hours ago, milkmndan said:

H all, first post here, been lurking. so far very helpful. just had a quick question.

 

we're gonna work with an attorney, and she says after the wedding in the states to stay in the states wait 3 months and then do AOS and I-130 I guess synchronously.

the plan is after the wedding to spend that 90 day waiting period in Canada, come back and start the process in the states.

will our plan create problems? we will travel separately back and just won't mention marriage, maybe just family to the agents.

 

 

Are you aware that misrepresentation can later result in any and all immigration benefits being revoked plus a lifetime ban??????   Don't try this "plan".......


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

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Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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