bestest

That's a great start. But, you should definately bring more. Do you have a lease document? bills in your name? coming up doctors appointments?....

Do you have a link to a case where Intent was the issue and adjustment not obtained?

No, I don't. I don't really have time to look right now. But the link I gave is a pretty good starting point. If the IO gave them so much trouble..... I would definately suggest anyone to be ready for such a thing.

I am aware that most of the time an IO does not ask about intent.

After reading through many of the forums posts, I have noticed a trend in the advice or warnings given to people who ask questions here and one such VERY common warning is : preconceived intent to marry and adjust status.

I think it is way overdue that people continue to issue such warnings or 'scare' people with that. The fact is under immigration law, USCIS can NOT deny any one an adjustment of status or a green card application under preconceived intent to marry and adjust status. This was made into immigration law in 1987 based on these cases:

http://www.uscis.gov/sites/default/files/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html

Which was enforced by a US court and the evidence is in a USCIS publication.

So I think it would be helpful if people desist from issuing warnings or advice related to preconceived intent to marry and adjust status as it does no longer hold in immigration law since 1987 and since 1987 there has not been a single documented case of its usage.

Thank you for taking the time to read!

This is not as straight forward as you say. a quick search brought up this experience

http://www.visajourney.com/forums/topic/437378-aos-and-preconceived-intent/#entry6314901

they were grilled heavily about intent at their interview. If you do some more searching you'ld probably come up with more.

I Have also spoken with two competent lawyers, both of wich said intent is a real issue.

I would imagine, like you said, at the end of the day you shouldn't leagally get denied. But it seems like some IO's might get you into trouble. You might have to go to a court to fight it.

Intent is certianly something anyone going through immigration must be prepared for. They have to be ready to explain and prove that there was no preconcieved intent.

In THEORY you are right. But unfortunately(maybe for some, fortunately) in practice it is not always so.

I got accepted - uncodintional GC is in production!!!!

The interview went very smooth. No uncomfortable questions. just the basics. each spouses name and birthday, spouses parents names....

They aksed me how I came in to the US this last time, and if I had left since.

They did not discuss intent or question it what so ever.

I am extremly relieved and happy !!!!!!!!!!!!!!!!!!!!

Thank you VJ. This community has guided me very well through the process. From deciding the best immigration options. To surmounting the mountains of paperwork. To preparing me for the interview. Although I did not post too much, however I used the search tons. 99% of questions were already asked and answered!

I really appreciate everyones help and the time taken to answer my questions!!

Good Luck everyone on their journey.

Yea, definately American square size is right.

BTW you can make your own passport pics. No need to spend extra money. Search the forum, there are a few threads describing how to do this exactly. I did this and didn't have any problems (so far at lesat.) It costed me 20 cents all together for 6 pix of each spouse!!! and that included shipping.

HI, I filed a concurent application for an I-130 and I-485 based on a USC spouse. I filed this on September 20, I had the biometrics apointment on October 21 and I just received in the mail an interview notice for January 13. This is for the New York City office which is currently processing I-485 from April !!!!

How come I got my interview so soon? Is it a reason to worry that there is a big problem?? I didn't even get my AP and EAD card yet.

Another strange thing is that I didn't recieve an email ot text about the intereview. just the letter.

Thanks for the help!!

I had the same issue.

It seems pretty clear that this is a mistake in the instructions. In the total Income field it says to add up all the fields including 5 and 6a....... If you would follow the instructions you would end up reporting double your income :-)

clearly a mistake just leave #6 blank (or write 0)

Get a co-sponsor. Monthly gifts from parents isn't "income."

Thanks!!!

I appreciate the help. It looks like that is what I'll do.

Where can I find what someone on a tourist visa can and can't do?

e.g. Can they join clubs, groups .....

Is it illegal to make money in any way at all eg can a relative send me money on a constant bases while I'm in the US -

I'm assuming the answer to the above is yes. but there are more iffy situations.

Does anyone have a link for me?

Thanks

The money from her parents is not income. You have to look at it objectively, unless her parents are order by the court to pay her monthly rent; they can always change their mind even if you think they won't. The letter is also not legally binding like a court ordered child support. If it was that easy everyone would just ask a friend/family member to write a letter instead of getting a joint sponsor.

Thanks for your reply Umka. However, I disagree.

Of course they can legally change their mind any time, I understand that. However, so can any employer, so there is no difference there.

And everyone can't just do it because their friend/family is not sending them monthly checks of a set amount.

I understand that parental support is a different category than income. But, it seems to make sense that it should be counted. I was wondering if anyone had experience in this or knows definite things about this.

I am not sure they will accept her father giving her money each month to pay for her rent as income. You should probably go ahead and get a joint sponsor. If you decide not to at first anyway, then yes, you would be sent an RFE and could then use a joint sponsor. Also, be sure she sends a statement as to why she was not legally required to file taxes for any of the last 3 years she did not.

She did file taxes. But like I said it was for an amount far under the required.

Really? money sent monthly from parents wouldn't be accepted?? could someone support this?

If so, I clearly need a joint sponsor.

My wife is currently in the process of filing for AOS for me. I had a question about the i-864.

She had income for the last few years, however that didn't come close to covering the necessary %125.

She was in college. In 2013 she got a slow job. Also she gets a monthly check from her father. Between that and her assets she makes a few thousand dollars above the necessary amount.

She is planning on sending: a tax return form from last year, a letter from employer (also stating they plan on her job to pick up as the job is client based and everyone starts off slow and builds up their clientele),pay stubs for the last few months. A letter from her father stating he had been and will continue sending. We give the checks straight to our landlord so we will include a letter from them confirming that they have been receiving monthly checks for said amounts. we will also include printouts of bank account information showing the assets.

I understand that since we don't have any previous tax returns to back up her current earnings that the proofs we have may be viewed as shaky. My question is 1.how shaky are they? are we most likely going to be RFE'd? 2.In the event that we do get RFE'd could we use a co-sponsor than? We do have someone that would be willing to co-sponsor. However, unless we absolutely have to, we would prefer not to use them. if anyone can share similar scenarios they experienced that would also be appreciated.

Thanks!

Hi,

I am somewhat confused as to what to put as my middle name and my other names. My name in almost all my government documents (passport, birth certificate, marriage license) is, shall we say "X" and my last name. And NO middle name. However most people that know me refer to me as "Y" without using "X" at all. On my Drivers license it says my name is "X" and my middle name is "Y" but that is the only document, and I think they put it there because I told them to. So I thought I would put my first name as "X" my middle name "N/A" and for other names I would write "Y" since it isn't my middle name on any documents I am sending in. This seems to be a good solution. However, today I went for my medical and I realized at the apt that my immunization records only have the name "Y"(confusing). So they asked me for ID showing my name was "Y" and I showed them my drivers license. They said, in the form, they will put my first name as "X" and my middle name as "Y" like my license says. My question is should I do the same for all the forms I am sending in so everything should be the same. or should I leave middle name as "N/A" and hope that it won't cause trouble that on the medical they have middle name as "Y". I'm confused :-)

just to be clear, she didn't overstay the visa, which is 6 months, she stayed longer than the 2 weeks her plane ticket was for, and there was no stamp, what so ever in her passport concerning a date to exit, which is customary, i believe. thanks for the replies, hope to hear from more of you.

We understood that. It could be that they did not record that you were supposed to leave early. But it is a very iffy situation.

IMO she should put together TONS of proof of ties to Canada and try to cross. Most likely she will be fine. But she should be ready to get denied. Which, by the way, is not a big deal. It just means that they don't let you into the country then.

I am a Canadian with a USC spouse. I crossed the border and was denied because I didn't have proof of ties. The next day I went through the border succesfully with all neccessary papers.

You certainly have to becareful about crossing and not taking it lightly. "No one said anything" when she came to Canada because she didn't encounter a US CBP officer. It is very likely it was more than just a scare tactic and they will see that you over stayed. This will certainly raise big red flags. That being said, She will still most likely be able to pass through the border, if she shows proof of strong ties to Canada.... Lease,Job, Bank accounts, doctors apointments,bills. It really depends on the CBP officer, But certainly don't take it lightly.

As I recall, the instructions tell you where you will file. Did you read the instructions? You should at the very least read the instructions for the form before filling it out.

I looked through the i-130 instructions but couldn't find anything about this. My city doesn't have an office, so I should put the closest city,right?

Hi,

I am filling out my i-130 and I wanted to double check what to write for q22. It asks which USCIS office I will apply at for my AOS. I am assuming this means which local office I would like to pick. Which matters for me because of processing times and also that is where I will have my interview(I am also applying for i-485 together). So is this my choice? could I pick out of state? the office that https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO suggests takes longer for me to get to than another one. I really appreciate any help.

I have been searching the forums and am pretty confused. There is a lot of contradictory information from different people in regards to a Canadians right to visit without a visa.

I understand that a Canadian doesn't need a visa nor is it under the VWP when he enters. He enters as if he has a B-2.

What is the allowance? 180 days or 90 days? is this per 365 day period or per calendar year or unlimited? I understand that the CBP officers won't let a visitor in TOO frequently because they will suspect that he lives in the country. But, is there specific rules to this or is it based on his discretion? I've seen people say that a Canadian must be in Canada at least as much as in the US. Is that just so he shouldn't appear to be living in the US?

What do you think ? Of couse it needs to list your US address.

Thanks, I just wanted to make sure. I was worried that it could cause problems for me having a US residence while I am here on a visa. If you can expound on that point, it would be much appreciated!

Like I said in a previous post, I am visiting America from Canada. I have now decided to stay and file for AOS. What should I put as my address on the I-130 section C2? My Canadian address? or my wife's address, where I am staying currently?

What about the G325-A, should I list my American address?

Thanks in advance! you guys are really great!!

People do get tripped up by this when USCIS finds evidence to the contrary. So if someone quits their job, vacates their domicile, or has an event scheduled in the US after their return date they would have to be able to explain those inconsistencies.

But if after I came I decided to stay and file for AOS, why is that an inconsistency?

About 1 1/2 months into her visit, I decided to propose to her. Long story short, we got married about 6 months after her arrival to the states. We decided that because of the previous problems and hassles at our border crossings (I was pulled into secondary twice) we didn't want to be separated with the chance that we wouldn't be able to visit each other until the marriage visa was approved, so we applied for AOS and were approved with absolutely no problems. Her denied entry was never an issue, nor was her supposed return date that was put into the system.

That's very reassuring!! Did they ask anything about the entry at all eg date? reason?

Intent alone cannot be used as a basis for denial if it's the sole negative factor.

Wow, thanks!!! That's VERY reassuring! What is your source for that? and do you think they will ask about it at the interview(or need proof) or not even that?

 

The brunt of the matter has to do with whether the fact that he was not yet intending to do so on this current trip will be sufficient grounds to provide for his ability to come through on AOS. Sounds like advice from a good lawyer might be a good thing here, gathering proof in this case may be very subjective.

What do other people have to say on this point? does it matter that my intention was to immigrate, if that was not the original intent of this trip?

Is this path a dangerous one, and will I likely get a lot of trouble?

Like I said, at time of entry I really was planning to file the i-130 and head towards an IR-1. I have the filled out I-130 stating my address in Canada.... which is not usable for AOS.

I took out that part from the quote because it's not accurate. A spouse of a USC can adjust on a visit to the U.S. whether or not they got married in the U.S. "on the same trip". Maybe you are thinking someone who gets a K-1 fiancee visa, in which case they do have to get married after they enter. But OP has been married for four years, so he obviously doesn't have a K-1 visa.

A spousal visa is designed for people who wish to immigrate to the U.S. Visitor visas are designed for people who wish to visit. Someone who visits and then decides to stay can adjust status. I am not sure why you're still confused.

Will they ask me on the interview for proof that I entered without intent for immigration? what kind of proof can I give for this?