AOS interview and questions upon arrival in US

[African Zealot 1,453]

1 minute ago, jaysaldi said:

If they asked the purpose of his visit, which they undoubtedly did since he was taken into secondary inspection and questioned about his trip, then he was obligated to answer truthfully.  He said "I'm here to visit a college friend" when the primary reason for the trip was to see his wife. That answer was dishonest.

You are conjecturing. You were not there. 

[Nat&Amy 623]

1 hour ago, RockoUSA said:

Before AOS, she proposed 3 options, including AOS. Another one was, for example , obtaining a J-1 Training Visa, which was very easy since I have a B.s. and M.s. and then ask for AOS. This option was more expansive than AOS but she told that it was going to be more difficult to obtain a Green Card eventually and It would have been riskier. The other was counselor processing which we refused since its long times and the option was not so cheap compared to AOS. She told us I would not be able to travel for a lot of months because with the present administration times have been delayed A LOT! But, please, if can give me any clue that shows I could have travelled with any kind of visa or whatever, I'd happy to get it.

We simply asked for the fastest way to stay together, legally! and she proposed couple options for our circumnstances

All couples, including the ones that go through consular processing, don't want to spend time apart. It is what it is. The advantage is that people can use the "time apart" to plan things properly, such as: when will I be able to work when I get to the US? How much money should I save? Will I be immediately able to travel? How about insurance? Where are we gonna live? Will I be able to drive?

 

When you AoS, that's what you are giving up. You get to wait it out with your significant other, but you move to a completely different country with no preparation. To each their own.

 

No, you wouldn't need a B2 visa. Where are you getting that type of information from? You wouldn't be the first or the last to travel on an ESTA to see your spouse.

 

And a lawyer that suggests a temporary visa with a long term plan to adjust status does not deserve the paper their qualifications were printed on. That's fraud. Obtaining any temporary visa with the goal to immigrate is fraud. Period. 

 

It is crucial that you educate yourself. You clearly have very wrong ideas about immigration and visas in general. Read the guides on VJ, explore the USCIS website, read the forms, read the instructions. 

 

 

Edited March 4, 2020 by Nat&Amy

[jaysaldi 209]

25 minutes ago, Ray.Bonaquist said:

You are conjecturing. You were not there. 

He says that when he arrived at the airport:

 

"I declared that my intentions were to travel and to visit friend from college"

 

How would he have possibly declared that, except in response to a question from CBP asking why he was visiting?

 

 

 

 

[African Zealot 1,453]

5 minutes ago, jaysaldi said:

He says that when he arrived at the airport:

 

"I declared that my intentions were to travel and to visit friend from college"

 

How would he have possibly declared that, except in response to a question from CBP asking why he was visiting?

 

 

 

 

Did you miss the part about he actually had a friend in college he was visiting? Or you expected him to give a rundown on everything he was coming to do in the USA? That answer was correct. Nowhere does it say he had to be exhaustive. Let's stick to what information we are provided by OP, not conjecture.

[RamonGomez 259]

Avoid the AOS hysteria that you'll often see here. Literally no one has ever gotten denied for "intent". And your story sounds totally fine anyways. Carry on with your life, enjoy cold beers, and be happy with your wife. 

[Crazy Cat 39,624]

22 minutes ago, RamonGomez said:

Avoid the AOS hysteria that you'll often see here. Literally no one has ever gotten denied for "intent". And your story sounds totally fine anyways. Carry on with your life, enjoy cold beers, and be happy with your wife. 

I have seen a case denied due to specific misrepresentation regarding questions asked during a secondary interview at POE.....It involved intent.  I'm not saying the OP is in that category, but it happened that misrepresentation was charged at AOS. Generally, intent is not addressed during AOS interviews.

Edited March 4, 2020 by missileman

[ClickityClackity 134]

I filed for a K-1 visa and I was able to visit my now wife for 3 months at a time. Your lawyer seems to not know what they are talking about. 

In regards to your original question, you gave a partial answer. If it comes up at AOS you'll have to prove without a shadow of a doubt that your intention wasn't using the ESTA to stay and adjust. It seems that that is exactly what you did, so the IO might deny your AOS.

 

On a personal note, I hope they do, since you tried to skip ahead of the line using half truths and basically committing visa fraud. 

Moreover, the fact that you not only entertained the possibility of working during AOS, but even went as far as to considering getting a fake SSN, tells me that you don't give a (removed) about the legal immigration process which so many people in this forum have gone through. 

 

Shame on you really.

Edited March 5, 2020 by Unlockable
Edited for language

[Crazy Cat 39,624]

2 hours ago, RockoUSA said:

You can not simply travel with an ESTA under pending status. 

Where did you hear that?  That is incorrect.

[GregandNatty 195]

4 hours ago, RockoUSA said:

Do not you think that maybe for a young guy working without a salary for at least 6 month could be depressing?

 

I'm quite sure it is not nearly as depressing as waiting 12-14 months for the spouse VISA process to play out while your spouse lives half way around the world in another country.   Not to mention expensive with all of the travel out to her country to see her.

 

Just from my vantage point from the cheap seats it totally looks like you are trying to use a tourist VISA to immigrate to the US.    It seems like you are coming here to ask the question hoping people will tell you everything is going to be ok, when in fact most people are telling you that you probably made a big mistake. 

[ClickityClackity 134]

4 hours ago, RockoUSA said:

Do not you think that maybe for a young guy working without a salary for at least 6 month could be depressing?

Yeah, I loved not being able to work since I arrived in October. I worked at home as much as I could and I saved money. That's what most people do. We don't take shortcuts. 

[Unlockable 7,306]

*** One post edited to remove foul language. Remember there is absolutely no use of inappropriate words or phrases on this forum what so ever.

 

VJ Moderation

[KelevraUSA 8]

Hello again folks! Sorry for the absence but I reached my maximum number of posts allowed per day. I would have like to reply before. 

First of all, I want to share a locked topic to all of those who seem that want to put me in jail right now because they have solved the case:

I just hope moderators will read this. 

 

2 hours ago, missileman said:

Where did you hear that?  That is incorrect.

@missileman I was wrong about ESTA, I believed I was not allowed to travel. Maybe since me and my wife discarded the option of counselor processing I did not focus in depth about traveling under Visa status pending.  

4 hours ago, Nat&Amy said:

When you AoS, that's what you are giving up. You get to wait it out with your significant other, but you move to a completely different country with no preparation. To each their own.

 

And a lawyer that suggests a temporary visa with a long term plan to adjust status does not deserve the paper their qualifications were printed on. That's fraud. Obtaining any temporary visa with the goal to immigrate is fraud. Period. 

 

It is crucial that you educate yourself. You clearly have very wrong ideas about immigration and visas in general. Read the guides on VJ, explore the USCIS website, read the forms, read the instructions. 

 

 

@Nat&Amy I agree that I have to educate myself in terms of immigration laws and visas. I am a newbie unlike many of you who have been here for many years. Example, I was so stupid to ask about fake SSN. I also agree that I gave up a lot by opting for AoS and I have to face the consequences now without illegal actions(like fake ssn). In the meantime I will try to improve myself and learn new things.

I partly agree about your opinion of my lawyer. Good lawyers, under my POW, know the law well and can advise you for "shortcuts", as someone as said, but legal shortcuts. Otherwise why would I want to hire a good lawyer when is so simple to ask for AoS? Being this said, I am not saying that my lawyer pushed us to take illegal actions. Just an opinions about lawyers and lawyers, some will tell you to do a certain action, others will tell you to take other actions and prove them to be legal. Just like you said, it is what it is. 

3 hours ago, jaysaldi said:

He says that when he arrived at the airport:

 

"I declared that my intentions were to travel and to visit friend from college"

 

How would he have possibly declared that, except in response to a question from CBP asking why he was visiting?

 

 

 

 

@jaysaldi Why are you keep saying I declared false things? were you with me at the border? did you ask me the officer's questions? I do not think so. I was not asked what was the "main" purpose of my visit(besides other questions like how much money I had and what were my belongings). I was asked why I was going to the States. My wife was not either my main purpose not my only one. I had to do lots of stuff here in US that I can prove it if an IO asks, including staying with my wife, and I do not think it is your business to know what I had to do in US. I hope it is clear to you. You are not the one I have to convince but you are not the one to judge or convict people as well. 

@Ray.Bonaquist ......😉

 

Now, for all of those who have read the topic so far. Please, allow me to rewind the tape back. 

I DID NOT cross the border with the intention to stay and I can prove to whoever IO will ask. I had several things planned to be done in US alone and with my wife. I only talked with lawyers after my entry. Not before in order to find a way out to obtain a Visa faster than others and so commit a fraud. Nevertheless, if you keep pretending I did cross with an intent, well, keep going. 
I do not even want to know that everything is going ok, like @GregandNatty thinks. I simply asked whether what I declared to CBP can come out or not. And I would like to have answers from users that experienced my same case, not from pseudo-lawyers, in order to prepare myself for the interview. 

[KelevraUSA 8]

3 hours ago, ClickityClackity said:

I filed for a K-1 visa and I was able to visit my now wife for 3 months at a time. Your lawyer seems to not know what they are talking about. 

In regards to your original question, you gave a partial answer. If it comes up at AOS you'll have to prove without a shadow of a doubt that your intention wasn't using the ESTA to stay and adjust. It seems that that is exactly what you did, so the IO might deny your AOS.

 

On a personal note, I hope they do, since you tried to skip ahead of the line using half truths and basically committing visa fraud. 

Moreover, the fact that you not only entertained the possibility of working during AOS, but even went as far as to considering getting a fake SSN, tells me that you don't give a rats ### about the legal immigration process which so many people in this forum have gone through. 

 

Shame on you really.

C'mon dude! I though Spanish were more friendly....It seems I killed someone you loved 🤣 
P.s. I have never heard about half truths! truths are truths, for sure I did not declare the false. 

 

2 hours ago, ClickityClackity said:

Yeah, I loved not being able to work since I arrived in October. I worked at home as much as I could and I saved money. That's what most people do. We don't take shortcuts. 

That was your choice. I had mine. You can not pretend that people do the same just because you did. I decided to ask for Aos, there are no legal ways to work meanwhile so I will be waiting until EAD. You point the finger like I had a fake SSN now....

[KelevraUSA 8]

5 hours ago, Marieke H said:

Incorrect. Lots of people visit on an ESTA during the process.

 

Did you consult with this lawyer before or after you entered the country?

1) I was not informed well(not by my lawyer). I learnt another thing.

2) I know where you want to end up. I consulted before, only before.

[jaysaldi 209]

3 minutes ago, RockoUSA said:

 

@jaysaldi Why are you keep saying I declared false things? were you with me at the border? did you ask me the officer's questions? I do not think so. I was not asked what was the "main" purpose of my visit(besides other questions like how much money I had and what were my belongings). I was asked why I was going to the States. My wife was not either my main purpose not my only one. I had to do lots of stuff here in US that I can prove it if an IO asks, including staying with my wife, and I do not think it is your business to know what I had to do in US. I hope it is clear to you. You are not the one I have to convince but you are not the one to judge or convict people as well. 

You arrived in the USA with plans to stay with your wife and when you were asked why you were visiting you didn't mention her. Then you were taken into secondary inspection and asked why you have visited so many times in 2019 and didn't mention her.  You claimed you were in the USA on multiple occasions visiting college friends and professors. Is that right?

 

You're right, you don't have to convince me of anything. But if a USCIS officer asks you about this stuff in the future and you try to claim that your answers to CBP were truthful and honest then things are probably going to go very badly for you.