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Chameleon

Regards to “Preconceived Intent”

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Me and my husband are preparing the documents for AOS and the term “Preconceived Intent” popped out and we have a few questions:

1. What constitutes as “intent”? Is the behavior of marrying to a US citizen itself a intent to immigrate?

 

2. TL;DR. Got married within a week after entering US (without knowing my husband was going to ask me the question and we eloped), now we want to know what should we do if the IO thinks that I (f1 visa) preconceived my intent?


We met each other in college sophomore year started dating and we moved into his parents’ house together that summer and lived here ever since. 
 For winter break, when I came back from home for about a week, he asked me if wanted to get married. Of course I said yes when I’m in love with him and then we eloped. However, because  school was really demanding for the both of us and a lot has happened in both of our families since then, we did not think about or do anything about AOS until now we are both graduated. Now that he got a job offer we finally have time to prepare the documents, we are afraid that the IO will think that I preconceived my intent (even though I did not) because we got married so quickly after my last entry to the country? 

3. Does the 90-day rule only apply to the people who actually filed AOS within 90 days or even the people just got married but did not file until later?

 

4. Should we find a lawyer to discuss our case?

 

Thank you in advance for all the inputs,

 

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Posted (edited)
  1. Intent is generally determined at POE.
  2. Answer honestly any questions asked. Misrepresentation is a bigger issue than (almost) anything else you can do (within reason). It was spontaneous and you eloped.
  3. No such rule exists for AOS.
  4. Up to you, but it is not necessary in most cases.
Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)
3 minutes ago, payxibka said:

What questions were asked of you at your most recent entry?

I don’t remember exactly, they were mostly school related, when ru graduating, what ru studying and stuff. I do remember, there’s absolutely no question regards to my dating life and stuff.

Edited by Chameleon

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6 minutes ago, geowrian said:
  1. Intent is generally determined at POE.
  2. Answer honestly any questions asked. Misrepresentation is a bigger issue than (almost) anything else you can do (within reason). It was spontaneous and you eloped.
  3. No such rule exists for AOS.
  4. Up to you, but it is not necessary in most cases.

So basically if I was let in w/o misrepresenting myself, I’m good. 

Thank you for the answers. 

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