Filing from the US

[geowrian 22,339]

35 minutes ago, Orangesapples said:

None were asked about their intent when crossing.

This part is not entirely accurate. There are certainly some people who have reported being asked about it. The answer is usually not impactful.

One such example:

 

Edited January 2, 2020 by geowrian

[Crazy Cat 44,783]

6 minutes ago, geowrian said:

This part is not entirely accurate. There are certainly some people who have reported been asked about it. The answer is usually not impactful.

One such example:

 

Ahaa!!!   ..I have been looking for that thread......Thanks, @geowrian!!

[Suze1 366]

Am not sure, but here is the question -

 

If you are NOT specifically asked intent at the border, and the border officer presumes you are merely visiting, and ask only  - "How long will your visit be for", or something less direct, then I think the fact that you are the immediate relative of a US citizen, allows you to stay, and adjust status. 

 

IF HOWEVER, you are asked, specifically your intent, and you say "To visit friends/family ,or shop, or site-see, etc.", all the while you have your car packed to the hilt and you are in fact MOVING ...THEN YOU HAVE AN ISSUE. I think the misrepresentation is the issue. It has to be MORE than just preconceived intent. But am not sure if ALL such intent is waived because your are an immediate relative.

 

That is how I reconcile the two sides of this issue.

 

Not sure that this is correct, but....when it comes to "the best bet", as you say, the "best bet is to make sure you are allowed to AOS given her specific circumstances."

To stay and try to adjust,  is the cheapest, easiest bet. We all understand that.

 

Edited January 2, 2020 by Suze1

[Nitas_man 3,100]

@missileman

 

Another one

[Suze1 366]

Is "Matter of Batista" at issue here?

[Duke & Marie 1,391]

7 hours ago, Jessjames14 said:

Ok so Since I am staying with my husband for 6 months here in Florida, should I not show them that I got a Fl license, bank account, gym membership etc.  I need all those things in order to be here for 6 months 

You don’t need all those things to be there... you need a access to fund to be there, simply put a bank card for country of residence..

 

true tourists dont generally obtain bank bank accounts, driver licences, gym memberships  etc for a country to which they are visiting temporarily.. 

 

again youre acting like you have moved to the USA... when in reality you entered on a tourist visa.. use of tourist visa with no intention to return home is fraud..

[Suze1 366]

This might also be helpful....

 

SUBJECT: Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

 

"INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens. 5 Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired."

 

So, the issue is, AOS is possible.

The question is, is there some other issue, i.e. fraud/misrepresentation, involved.

The specific question here is - If the fraud is specifically related to intent, is that considered covered by the exception, and deemed not a distinct reason, making  AOS possible.

If the misrepresentation IS considered a distinct violation in itself, then there is an issue.

 

That is how I reconcile this issue. And I am more than happy to be corrected about it.

Edited January 2, 2020 by Suze1

[geowrian 22,339]

8 minutes ago, Suze1 said:

This might also be helpful....

 

SUBJECT: Adjudication of Adjustment of Status Applications for Individuals Admitted to the United States Under the Visa Waiver Program

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

 

"INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens. 5 Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired."

OP entered with B-2 status, not the VWP.

AOS from B-2 is still possible. I'm just pointing out that the above memo does not apply to the situation here.

 

8 minutes ago, Suze1 said:

The specific question here is - If the fraud is specifically related to intent, is that considered covered by the exception, and deemed not a distinct reason intent. If it is not distinct from intent, then AOS is possible. If the misrepresentation IS considered a distinct violation in itself, then there is an issue.

If somebody were to enter with intent to AOS and/or misrepresent their intent at AOS, that would be fraud.

Preconceived intent is not a sole reason to deny AOS as the IR of a USC.

The above 2 statements are not exclusive.

[Suze1 366]

Thanks @geowrian

 

So, Canadians are given a B-2 at the border. Got it.

Edited January 2, 2020 by Suze1

[pushbrk 13,653]

1 minute ago, Suze1 said:

Thanks @geowrian

 

So, Canadians are given a B-2 at the border. Got it.

Granted B-2 status when granted entry.

[Suze1 366]

@pushbrk

 

Okay, yes to be more clear & correct:  B-2 status is granted for that visit and they enter under that status. Got it.

(Is not the same as "getting" a B-2,  agreed.)

 

 

Edited January 2, 2020 by Suze1

[pushbrk 13,653]

Just now, Suze1 said:

@pushbrk

 

Okay, yes to be more clear & correct:  B-2 status is granted for that visit and they enter under that status. Got it.

(Is not the same as "getting" a B-2.)

 

 

Sometimes it's useful to try to boil things down and sometimes it's not.  A Canadian Visitor is still a Canadian Visitor.  Yes, the status is B-2 and pretty much the same privileges apply.  However, generally more latitude is applied and less stringent tracking of visits happens, particularly when grossing by ground transportation.  None of the differences apply to actual immigration in any meaningful way that comes to my mind though.

[Suze1 366]

Yeah, and we all can see how allowing Canadians additional considerations (driver's license, etc.), not being from a high fraud country, geographical closeness, etc...can easily start to blur the lines for people who do not know a whole bunch about US immigration.

Edited January 3, 2020 by Suze1

[pushbrk 13,653]

Some direct advice to the OP and her USC husband.

 

1.  Your husband lives in the USA now and will use his Florida address for mailing and residence address, but you are not a resident, so will be indicating a Canadian residence address.

2.  Completing the process in 12 to 15 months is wishful thinking.  Plan on 18 months or more.  It's Montreal.  There's usually a wait for an interview date, once case is Complete at NVC.

3.  Your marriage certificate, some photos together and your husband's Canadian residence history during your marriage are all the relationship evidence you will need.

[Ontarkie 14,967]

You have two choices - If you do not need to return back to Canada yes you can adjust inside the US as that was not your intent when you crossed. You cannot leave and then come back to adjust at a later time as you now have intent. 

                                     or you start the forms now and finish in Canada. You have both options and they are both legal in your situation. You just need to figure out which path you will take. Once you both decide on your path post questions for that process in proper section. This section is about visa processing, we have a different section that is about Adjustment form Tourist Visas.