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AOS from B-2 or VWP

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I'm only making this thread because I am curious, it doesn't apply to me or anyone I know. Maybe it'll help someone in this situation. I came on an IR-1 visa a few years ago. I'm just trying to better understand and not judge anyone.

 

When I was just a Canadian citizen, I've entered the US a few times with just my Canadian passport and had no questions asked to me by customs. Once I was just asked to verify if that was my luggage on a screen and that was literally it. Another time the only question I was asked was if I'm going to see mickey mouse. 

 

I know that someone can enter this way, even if they personally have the intention to get married and stay and adjust status, once they are in they are allowed to adjust. 

 

I read on another thread that intent alone cannot be used to deny an application for adjustment of status, if it is the sole negative factor (matter of battista). It's in the main general FAQ thread here.

 

So if a person has an otherwise golden AOS application, and admits in their interview that they entered on VWP or B-2 to get married and adjust, it can't and won't be denied? Does it matter if it's because you admitted it in the interview or if the interviewer came to that conclusion on their own? 

 

I would think that if you are trying to enter with VWP or B-2 to get married, even if the customs officer doesn't specifically ask, isn't it the duty of the foreign person to be truthful about the complete intentions of their visit?

 

Thanks!

 

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~Topic closed. What ifs, and and buts and speculation not necessary. Don’t restart this topic. ~ 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

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7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

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