What is the best process for me?

[smilingstone 760]

3 hours ago, Crazy Cat said:

I always find it odd that a person can come to the US prepared for a short visit, yet suddenly decide to give up everything in home country without the possibility of returning to tie up loose ends for up to 9 or 10 months.  Seems it would be really stressful.

 

Yeah, and attending a conference implies a steady career and/or professional education in OP's home country. Would be a lot to give up on a whim, considering they've been married and eligible to apply for spousal for some months... 

[blackviking 0]

Yes I attended the conference. Initially we were granted a 5 year visa with multiple entry but it was changed just before my interview to a 3 month single entry. With the 5 year I knew I would have had the flexibility to travel back and forth to visit her any time while we worked on the green card during that time period. I'm not sure the officer knew I was married to a US citizen although I stated I was married.

[Crazy Cat 45,420]

9 minutes ago, blackviking said:

Yes I attended the conference. Initially we were granted a 5 year visa with multiple entry but it was changed just before my interview to a 3 month single entry. With the 5 year I knew I would have had the flexibility to travel back and forth to visit her any time while we worked on the green card during that time period. I'm not sure the officer knew I was married to a US citizen although I stated I was married.

Did you come to the US prepared to stay?  Did you state on the B2 application that you were married?

Edited Monday at 02:13 PM by Crazy Cat

[S2N 483]

9 minutes ago, blackviking said:

Yes I attended the conference. Initially we were granted a 5 year visa with multiple entry but it was changed just before my interview to a 3 month single entry. With the 5 year I knew I would have had the flexibility to travel back and forth to visit her any time while we worked on the green card during that time period. I'm not sure the officer knew I was married to a US citizen although I stated I was married.

Read the file I linked in my earlier post. It contains an analysis as to what USCIS considers to be misrepresentation for the purposes of AOS.

 

People like to focus on intent, but the more important question is misrepresentation (as defined by BIA and the INA; again, the file I linked contains a discussion of this.)

 

The overwhelming majority of spousal AOS cases are granted, including overstays and people on tourist visas. AOS cures a lot by action of law and local field offices have discretion to grant adjustment in gray areas. The issue you will run into is that:

 

1) West Africa is the most fraud prone region of the world on spousal immigration, causing the government to ask more questions.

 

 

2) You had an interview with a consular official who will have recorded what you said in writing and that will be analyzed

 

3) You had to talk to CBP and as a non-VWP country they likely asked questions that might have been recorded in writing in the admission record.

 

That means you have two chances for the government to accuse you of misrepresentation. Again, read the AAO file I linked to. If you don’t think you misrepresented to a government official based on the standards discussed; your AOS might be granted as a matter of discretion in favor of family immigration.

 

But I would expect significant questions in that regard under the current administration.

Edited Monday at 02:13 PM by S2N

[OldUser 10,563]

 

IMHO officer set a trap for OP.

Once they start adjusting, they may be hit with misrep.

 

My advice to OP: do the normal CR-1 from overseas and safe yourself from headache.

 

Even without misrep...

The least you want is: AOS filed >> AOS takes forever >> Relationship getting worse due to OPs inability to work and help financially >> Arguments >> Separation >> Desparate groundless VAWA claim >> Issues with USCIS

Edited Monday at 02:20 PM by OldUser

[Cathi 5,886]

13 hours ago, Boiler said:

There is a new sheriff in town, I guess the forst question is do you feel lucky?

 

The second is when did you obtain your B.

 

The third is what did you say was the prpose of your visit.

And under this sheriff, a denial would NOT be a chance I would be willing to take by "spontaneously" adjusting status. Especially from a high fraud country. Nope, no way. Not me.

[blackviking 0]

My intent was not to stay but my wife wants me to so we do the process from here. I honestly have no idea of what to do and won't want to ruin my chances too. 

[OldUser 10,563]

Just now, blackviking said:

My intent was not to stay but my wife wants me to so we do the process from here. I honestly have no idea of what to do and won't want to ruin my chances too. 

Show your wife this thread

[Boiler 48,038]

Employ a lawyer

[Crazy Cat 45,420]

2 minutes ago, blackviking said:

My intent was not to stay but my wife wants me to so we do the process from here. I honestly have no idea of what to do and won't want to ruin my chances too. 

It could be up to 9 months or longer before you can leave the US to take care of any left over business in your home country.

Edited Monday at 05:49 PM by Crazy Cat

[S2N 483]

20 minutes ago, Crazy Cat said:

It could be up to 9 months or longer before you can leave the US to take care of any left over business in your home country.

And if the I-485 is denied a notice to appear will be issued which will make it even more complicated. Jurisdiction would shift from USCIS to EOIR.

[mam521 2,680]

Just tossing some general thoughts out there.  

 

Are you and your wife 100% fully committed to you becoming a 100% dependent on her? Will this cause strain on your relationship?  Are you fully aware of the costs associated with filing AOS and in future, ROC and the time it takes to actually get through the process?  

 

You've come across for a conference.  To me, I interpret that as you're an intelligent individual with a good job in your home country, likely well educated.  I get it - your wife wants you to stay, but the implications of being together by adjusting can have long term, negative impacts to your future. Are you truly prepared to just drop everything and leave all things unfinished back home?  I'm guessing you were sent to the conference by your employer - are you ok with just dropping that relationship?  Have you considered how that will impact your employability in the US?  What about your personal property?  Your home?  You will be months before you could return to tie up lose ends, not to mention who is going to retrieve any documentation you require.  

 

Others have warned of the scrutiny; being from Ghana adds to that scrutiny.  I agree that no moves made to start the immigration journey in the past 6mo also looks a bit dodgy.  Could you adjust?  Maybe.  Would I risk it?  Not under this administration.  

 

Long distance sucks, but you've done it for 5 years.  Yeah, another 18-24 months seems like forever, but immigration is a privilege, not a right and if done wrong, you could have your current visa revoked and potentially never be granted authorization to enter the US again.  Additionally, you guys will more than likely reach your 2yr anniversary while adjusting, which means you'd enter the US on an unrestricted, 10 year greencard, eliminating the need and the cost of removing conditions.  

 

I believe your initial question was how to approach immigration and I suspect you've been given a lot of food for thought as well as advisement.  The immigration journey requires thinking not only with your heart, but very much with your head.  

[appleblossom 5,000]

5 hours ago, blackviking said:

but it was changed just before my interview to a 3 month single entry

 

Ooof. Which could mean they suspected you'd do exactly what you plan to do - no way would I be considering adjusting status personally, particularly from a high fraud country. 

 

It's just not worth the risk, I'd be going home and applying for the visa via consular processing. But that's my view, you and your wife may think differently. As said above, show your wife this thread, and ask her if she's happy to move to Ghana if you get refused and are banned from the US for misrep, if she's not happy to take that risk then there's your answer. 

 

Good luck. 

[appleblossom 5,000]

5 hours ago, blackviking said:

I'm not sure the officer knew I was married to a US citizen although I stated I was married

 

Which officer? At the visa interview or entry to the US? When was your interview and when did you submit the DS-160?

 

Edited Monday at 08:01 PM by appleblossom

[JD2 184]

4 hours ago, blackviking said:

My intent was not to stay but my wife wants me to so we do the process from here. I honestly have no idea of what to do and won't want to ruin my chances too. 

I was going to suggest consular processing but the wait times for Accra are more than 2 years just for an interview after DQ.  You are in a tough spot.  I usually suggest consular processing but in your case AOS may be better but you better get all your ducks in a row and submit a really strong case.  Make sure you have proof you intended to go back on your visitor visa, proof you attended that conference, return tickets, your life back home, etc.