nzltex

This thread has gotten somewhat off-topic. It doesn't matter what your personal opinion of AOS is (although I do think a number of you have to look up what the definition of 'loophole' is). The point is to stop coming into this forum and spreading misinformation and trying to scare people off of doing something completely legitimate - we have enough experience here to warn them about real problems they might run into - claiming to be US citizen, misrepresentation, whatever. about the ability to AOS in your own forums if you want, but this particular one is to offer help and advice on AOSing from a number of different visas, it is not about opinions. Opinions about AOS belong in the General Immigration Discussion forum.

I can understand certain frustrations from those who have gone the longer route and filed for a K1/CR1 however those that do decide to drop everything to stay and file from a tourist visa also have to go through the consequences of that decision as well. I know from my own personal experience it was not an easy decision to decide to not get on a plane and go home. I didn't get to say goodbye to my family and friends and I know I hurt a lot of people by doing that. I had to quit my job suddenly after ten years and suffer the consequence that my reputation with that company may well be tainted. I had to put the burden on my brother to clear out my apartment, sell my things or put them in storage. I only have a suitcase of vacation clothes to live with at the moment until I can get someone to send or bring things over. I lost my security deposit on my apartment as I left so suddenly, terminating my phone contract early was expensive and overall financially it is a struggle not being able to work yet. I am going to miss my sisters baby being born in a couple of months. The hardest was I didn't get to have my family and friends at my wedding... For some people they couldn't do that and that is why they go home and file for a K1 but for my own personal situation my relationship won and it was more urgent to stay with my now husband. Did I choose the easier option? Well I think it is a matter of opinion and depends on each person's own circumstances. I'm only at the start of my journey but I'm very grateful that we were able to decide to stay together and AOS as it may well have saved our relationship that had been weakening due to the distance.

Cracks me up every time someone says "do it the correct way". If it's legal, how is it not the correct way?
Why are they fools? They made a decision to take a certain path for their immigration that works for them. There are many choices one can make when it comes to immigration.

There is no correct way.

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.
A denial can however be issued under misrepresentation of facts or willful concealing of material evidence all of which are a subset of visa fraud. So as examples -
1. Someone who applies for a tourist visa and on the DS160 form states that they are married, to establish ties back home and upon the receipt of the tourist visa and subsequent traveling to the US, marries an American citizen and tries to adjust status can be issued a denial under misrepresentation of facts or willful concealing of material evidence to engage in visa fraud.
2. Someone who hides their criminal history in their application and who is later found can also be issued a denial under both clauses.
3. Someone who comes in with a tourist visa and has preconceived intent to marry and adjust status upon being able to go beyond the customs and border patrol agents at the POE and they are not able to establish preconceived intent Can NEVER be denied their green card/adjustment of status application by the clause of preconceived intent to marry and adjust status. USCIS can only probe into the bonafide nature of the relationship or marriage and that is all.
Preconceived intent to marry and adjust status is ONLY established at the port of entry and when there is no such establishment and the said traveler enters the US. It can NEVER be used in immigration law anymore. Same as the 30/60/90 rule.
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!

I was really bored and I had nothing to do, so for my office I checked the profile of the people that got approved recently and went to their posts to see if they have a signature with their timeline...there are not many people from my office, but I saw that it took about a month to received their appointment notice after testing and interview update. Also, the appointment was set for a month after they received their notice...if you are that bored you can do the same with your office

hey all, just wanted to send a little update! We recevied our NOA-1... Dec. 10. Texas Service Center. Hopefully things start to turn around because we can't live together until we have been approved! Good luck to everyone!
Also I have gone through a lawyer to help file everything and make sure nothing is missing. Hopefully this answers some questions for you all... My lawyer said that as long as you get married in a state that recognizes same sex marriage you will be fine. Federally as long as you received a bona fide marriage is one of those states that's all that matters for immigration purposes. Hope that helps!

hang in there. RFEs are so frustrating and we never know when we receive one. Try to submit the evidence as soon as possible because your application is put on hold until the day they receive the evidence. Make sure the evidence you are sending is what they are asking for. You can still call them for clarifications.
Unfortunately, RFEs can be sent anytime even on the day of the interview. Nothing to do about it.

My story is somewhat similar to the op's in regards to denial of entry and AOS.
My wife, a Canadian citizen, was denied entry for lack of ties to Canada. She had recently divorced her ex-husband and was living with her Mother so she had no property at the time. She was also self employed as a book keeper which didn't help matters much, because she really didn't have proof of employment ie: pay stubs or letter from employer. We also made the fatal mistake of no return plane ticket, because we weren't sure of her exact return date at the time.
She had come to visit me for short trips and I had gone to Canada to see her in the year we had been "dating". We then planned a two month trip for her to come visit me, a kind of trial run for our relationship. That was when she was denied entry. Upon her denial of entry at the Detroit/Windsor crossing, the POE officer gave her a list of items she would need to prove her ties to Canada in order to gain entry to the US. About a week later she had gathered everything on the list and we purchased another plane ticket, round trip. When she arrived at the Windsor/Detroit crossing she provided the POE officer with the list and all of her proof of ties. She was allowed entry but given a stern warning that she had better return on the date of the plane ticket. She was also told the return date would be entered into "the system". But she was never given an I-94 return stamp in her passport, that's the key. No return stamp, (used to be a little white card) means you get 6 months from day of entry.
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.

My I-485 changed to testing and interview. Im glad things are moving fast. hopefully no RFEs . No news about EAD and AP though

VWP overstays have always had a chance of being deported, the same as any other alien who is out of status. That memo codifies in one place several different policies which USCIS has had over different memoranda in the past few years.

We have our interview today in Houston at 11:00 AM. Wish us luck!!!!! :-)

Glad to have found this thread, as my US spouse and I filed everything this month. I've become neurotic checking the status and obsessing over timeframes, something I don't expect to change until my EAD is approved and I am working again...

There is nothing illegal about AOS ... If you entered not intending to stay and AOS, and it spontaneous decision as you say, then you can use the AOS option... The burden of proof is in the government to prove otherwise... Congrats...

House passes budget pact by wide marginThe Tea Party is finally being maneuvered where it belongs - to the backwaters. The speaker finally grew a pair.

In our country, there is no drug test required during the medical exam.
Applicants are only tested for the following:
If you admit to drug use, you will be required to undergo a psychological evaluation. The result of that evaluation is forwarded to the embassy.
You will be notified if you incur the 1 year ban or not on the day of your interview.

We got there in the end.

I disagree. Only a tiny portion of those who petition ever sign up on VJ. Life? One person could know SO many people who did a "bad", but perfectly legal, thing?
There isn't a darn thing illegal about people who adjust. It is NOT illegal. I do agree the system is screwed up, and in many ways, and that it needs fixing. So use your misdirected anger at the system. Complain where it might do you some good.

That figure is ridiculously high. Source is?

It isn't arguably "not against the law". It isn't against the law. Full stop.
I think a good measure of the people who holler Fraud! Fraud! are those who are of the belief that these people who dare to apply are all bald faced liars, they had intent, intent!, and they should get in line and by gawd wait their turn, and do it preferably well behind their own perceived place in the queue.
The OP in this case has not done that.
People who attempt to visit on a visitors visa from a high fraud country can thank their own countrymen for the denials. Those are the abusers.
It must be dreadful to live with such a mean view of your fellow man. Those 95% who vanish into the sunset.

Let's not go scaring people now. The chances of anyone ever being deported are nil. Practically no one is deported anymore unless a serious crime has been committed. How do you figure the husband is out of status? The op has not given any info that points to that.
To the op, you will need to have financial support, most likely through a co-sponsor. If your husband is planning on staying in the US to adjust, then no K-3, file to adjust status from tourist to legal permanent resident.
Follow the guides here: http://www.visajourney.com/content/i130guide2

OP - you still haven't responded to me. Someone who WAS in your EXACT situation. Seems like you just wanted to complain. Its your fault. DOMA was overturned and you guys waited. Your bad.
EDIT: Just wanted to add: my wife is ALSO a citizen of italy. Has nothing to do with being from italy. We are now working on my paperwork overseas and it will take EVEN LONGER than it did in the US. Should I go on to blame italy? About how I should be able to move freely across countries?

OP out of curiosity how old are you? I refuse to believe that anyone over the age of 15 actually say these things out loud or even think these things. Everything is a process sweetie, leave uncle sam out of it. You are to blame for your situation not uncle sam. Plus it takes at least 3 months of your EAD. I was origionally coming in here to tell you to twerk while you wait for your EAD but thne I actually read your comments. Just what this country needs another entitled brat

Okay, so, my wife (we are also gay) went to law school here in the US (I am the USC). We didn't know what would happen after her OPT expired. DOMA got overturned. Why didn't you file your paperwork months ago? My wife already has her green card at this point.
As for your job? Tell them the truth. Stop hating on, what is soon to be, your government. We NEVER felt like its a machine who doesn't give a s***. Laws are laws. And, at this point, GLBT couples and hetero couples have to go through the same process. We were married in 2004. So yes, I get its a LONG gap. It sucks, but it is what it is.
Did the laws suck? Yup. But nothing we could have done.
In the meantime? Have your husband get a second job. Sell stuff online. Open up a small business. We did whatever we could to make ends meet. You will get there, but Im telling you now, your negative attitude is not helping. Seriously.