BritGirl88

On 7/8/2017 at 7:02 AM, Van Tran said:

May you please share more details about your case in order for me to have full picture and get experience from?

Sure, what would you like to know?

On 7/8/2017 at 7:02 AM, Van Tran said:

my parent are not here to attend our ceremony. Is it an issue

No, I doubt this would present an issue. You had a last minute wedding so it would be understandable that your parents would be unable to attend. There are many other ways you can prove you have a genuine relationship without your parents attending.

I don't have photos of my wedding on Facebook either. I barely use it anyway. I've never heard of CO's asking anyone to open up their Facebook profile to show them their pictures. Has it happened on the rare occasion? Possibly. I've never heard of it though.

I received my Green card in the mail exactly 1 week after my interview. 

I think it is an assumption that the changes will present an issue. 

He is not going from a 10 day stay to a 3 month stay. I can't see how an additional 4 days (assuming it's in addition to the original 10 day stay) is going to get him denied. His explanation makes perfect sense, he has strong ties back in his country and his overstay was as a child and did not accrue unlawful presence and so it cannot be held against him.

When they issued the visa, did they tell you were not allowed to visit a city or state outside of your POE or spend any additional time in the US outside of what you originally planned? Is there anywhere citied on any documentation that says the same?

20 hours ago, injejo14 said:

Hi -- You may want to check with an attorney on this because, entering the US on a tourist visa with the intent of staying is visa fraud.  I had originally thought i could do this but our attorney suggested that i return back to my country after my 6-month visitor visa to do consular processing. "A person who enters the U.S. with no intent to get married and stay, who while visiting, spontaneously decides to marry and attempt to stay may be able to do so. However, you must convince the government that this was not your intent all along"

You don't have to prove anything to them. It's a misconception that many people have. Your intent is determined at the point of entry. If you are permitted to enter the country then you are free to Adjust Status and your intent is not even brought up. 

19 hours ago, Sunnyland said:

 

You will be surprised of how many people do this...Come to US as visiting their bf/gf and then just marry and stay. A girl where I work she came from Germany and married her bf and decided to stay. Each day I feel like the idiot that decided to do it the right away. Being apart while doing K1. Oh Boy. At one point they will have to stop allowing this because otherwise everybody will just visit "with no intentions of marriage" and have it easier than the rest. 

It's not necessarily "easier than the rest" or "the right way". There are different routes for different situations. Not everyone's situation is the same so that's why there are different immigration routes available. It may have been the right way for you personally, but not necessarily "the right way" overall.

I'm having trouble understanding why visiting other cities would present an issue for him. His explanation as to why he added other cities to his itinerary makes perfect sense and he has a lot of strong ties back in his home country. 

I think you will be fine. If you planned to overstay your visa, you could do that from your original point of entry. I don't see how being in another city would make you more likely to do that, you'd still in the US. As long as you have plans to leave and can prove that, you should be fine.

I re-entered the US yesterday after traveling to Canada. I just gave the officer my Passport & GC and although the last names don't match, he didn't ask to see my marriage certificate. I did bring it just incase though.

On 6/17/2017 at 4:22 AM, roger2424 said:

-proof that there was no intent to marry or use the vwp to get into the country

(had plans to retutn to where i work on a farm for the turn around at the end of the sessoin, bank accounts, jsut bought a new truck+£600 worth of parts sitting in boxes)

You don't need proof of this. Your intent is determined at the Point of Entry. So, when you entered the USA, they determined that you did not have intent to stay and that's why you were allowed in. This won't come up again and you won't need to prove it.

On 6/17/2017 at 4:22 AM, roger2424 said:

 

So my other question is. that if i was to marry before the 90 days were up and stay in the country past it would i still be legal?

If you allow your 90 days to be up before filing then no, you would no longer be legal. However, the moment you file your AOS and it is received by USCIS for processing, you will legally be allowed to stay in the country again and your overstay would be overlooked and not be an issue.

On 6/17/2017 at 4:22 AM, roger2424 said:

if we get married and stay in country can i apply send of an I-765 before we send of the proof that it is a legitimate relationship (which it is) so that we can build out case?

The proof of relationship is for the AOS interview. You don't need to provide proof with you initial documentation that you send in. Only proof of marriage you need at that point is your marriage certificate.

On 6/17/2017 at 4:22 AM, roger2424 said:

)worst case, if we were to apply for the whole AOS package in one hit straight away and due to the limited amount of proof that it is (only proof is texts, recipts from birthday gifts, plane tickets and photos from recent trip over the last couple of weeks) what would happen. I understand that i wouldnt be able to use the VWP again but is there anything else

Again, you don't need to prove the legitimacy of your relationship when you send in the AOS package. The legitimacy of your relationship is proven to the Officer at your interview. It takes about 6 months or longer to get an interview and by that time you would have had time to gather more proof of your marriage. They don't really care as much about your dating history, more so about the legitimacy of your marriage. 

If for what ever reason you were denied and had to return to your country then yes, you would not be able to use VWP again but from the information you've provided and if your marriage is real then you shouldn't have any problems. Now that you're married, gather as much evidence as you can. Joint bank account statements, joint lease agreements, photos together and with friends and family, proof of trips you've taken together, car insurance documents with both your names on it, things like that. You should be fine.

21 hours ago, Jordan8768 said:

As long as you file everything before his current visa expires he is allowed to stay. 

If you end up filing after his authorized stay has expired, your husband's overstay will be forgiven once you file the Adjustment of Status paperwork. He will be then be legally authorized to stay in the US while the AOS is being processed.

2 hours ago, TearsOfBabylon said:

 

If I'm not totally wrong you have to go the CR-1 way, meaning you have to leave the States and wait in the UK for it.

 

This is incorrect. The OP does not have to leave the US. He can stay and file for an Adjustment of Status.

2 hours ago, TearsOfBabylon said:

As far as I know you can only file AOS if you had a spontaneous wedding and then STAY there. I doubt that works after you left the US and came back. 

You can AOS at anytime as an immediate relative of a USC once you are legally permitted to enter the US. Circumstances can change, people can change their minds after they enter and the immigration laws allow for that.

3 hours ago, Amirpanahi said:

But due to our lack of funds, we weren't able to apply for my AOS and my current stay is running out. Also my passport expired in may 2017, will these factors be a problem when applying?

You can still apply after your stay has run out, overstaying is forgiven for Spouses of a USC once an application has been filed. I would recommend gathering the funds and filing as soon as you can. Once your application has been received by USCIS, you will be in legal status while it is pending and your overstay won't be an issue. I overstayed by about 3 months before submitting my application. It does not even get mentioned. It is not an issue.

As for your passport being expired, I'm not sure if this would create a problem. Maybe someone else can advise on that. Worst case scenario, apply for a new one before submitting your application and have to sent to your US address.

3 minutes ago, Coco8 said:

How about credit card statements of purchases they've done in the same place? If one goes to visit to Indianapolis, purchases done in Indianapolis. If the other goes to Canada, then purchases in the city where the other person resides. 

 

That is something that comes to mind. 

 

They could also provide a letter from a close family member stating the times the other person has been to visit. This is not hard proof but it would also help as a witness.

That is such a great suggestion. Thanks so much, I'll definitely tell her.

My friend is currently undergoing to the K1 process and needs some advise. She is from Toronto, Canada and her Fiancé is from Indianapolis, Indiana.

She received an RFE last week requesting evidence that they have seen each the within the past two years.

The suggestions on the letter (passport stamps, plane tickets etc), she cannot provide as they have only ever driven to see each other. They constantly go back and forth from Canada to Indiana but only by car and so there are no flight confirmations they can provide. Also, when Canadian's cross the border to the US, their passports are not stamped. The only proof they have are pictures, a lot of which she has already submitted.

Does anyone have any suggestions of other things they can provide as proof? As of right now, a detailed statement of all the times they've spent together is the only thing she can think of to provide.

28 minutes ago, Juniper said:

Overstaying a tourist visa by one year is a serious infraction.  USCIS in the current political environment is probably not going to forgive immigration infractions, especially overstays.

Once they file for AOS, she will be legal allowed remain while her paperwork is being processed. Overstays are forgiven for immediate relatives of a USC.

I married under the same circumstances. I entered as a tourist (VWP from UK) and Adjusted Status. I wasn't asked at all about my intent during the interview. We were asked very few questions period. Just how we met and about the proposal. There's really nothing to be worried about as far as that is concerned. The whole process for us took a total of a little less than 6 months. From filing (December 27 2016) to receiving Green card in the mail (May 23 2017).

On 6/1/2017 at 8:28 PM, Wuozopo said:

I've read a lot of reviews from people who adjusted from VWP and most say the subject of their intent never came up. 

I also entered on VWP and not one question was asked about my intent. It didn't come up at all. 

23 hours ago, Ms. Arely C. said:

Hello everyone! I am getting ready to send my husbands AOS package and both my parents are the joint sponsors but I am now confused on if Parent 1 fills out form I-864 and parent 2 fills out I-864A since they do their taxes together? 

 

Thank you in advance

For my AOS, I had a joint sponsor as we had just moved to a new state and my husband hadn't started his new job yet. My Mother-in-Law was my joint sponsor and her and my Father-in-Law file their taxes together and she was the only signature needed.

My husband and I are going on a cruise and the travel agent insists that I need to change the name on my passport to match my Green card. Is this true?

Has anyone else travelled with different names on their documents? Experienced any issues?

The IO's rarely look at every single document you bring with you. In my case he just told me to give him what I wanted to. 

#1 sounds fine. You have a solid explanation and evidence to back it up. I doubt it will even be necessary to provide it.

I doubt #2 will prove to be an issue as your marriage license and all your other documents will prove you're married and if there was something sketchy going on then you wouldn't have your spouse as your ride home and emergency contact. So I think that's fine. I would suggest just omitting that document from your supporting evidence if you feel uneasy about it as I doubt it will even be required.

#3 is totally fine. My husband is the only one on our car title and all we provided to the IO was our joint car insurance, he didn't ask for our car title. (In most cases the US spouse owned/leased a car before their foreign spouses arrival and I would assume that a lot of people don't go to the trouble of changing the title).

In our case, the only things he took for our file were:

- Joint tax returns

- Joint Lease

- Car Insurance ID cards with both our names on it

- Medical Insurance ID cards with both our names on it

- 1 month of joint bank statements (we brought 4 months worth but he said he only needed 1)

- Scan of drivers licenses (shows we both have same address)

- Scans of our credit cards (as I'm an approved user on my husbands cards, the credit card numbers are the same)

- A few pictures of our wedding, and after marriage with friends and family

Other things we brought that he didn't take or even look at were:

- Flight confirmations from trips we took together after marriage

- Wedding Cards and cards and invitations we received after marriage with both our names on it

- About 40 photos of dating life through the years, lots of wedding pics, and lots of pics after marriage

He didn't ask for specific documents. He just asked me what I had to show him and asked what he could keep for the file. I chose to give him as much as I did because I had gone to all the trouble of preparing it. I asked if he needed anything else and his response was "Nooo, we're already in overkill mode" lol. So, I wouldn't worry too much about the intricacies of certain documents. As long as you have enough to support that you have a bonafide marriage, those little things won't matter. I would assume they start looking deeply if something seems off with your marriage and they have suspicions or if you barely provide anything.

Hope this helps

On 5/19/2017 at 0:41 PM, vegasbound said:

If she entered the US with a tourist visa with the intention of getting married, then she has committed visa fraud. 

Just because she's already here does not alter that fact. 

 

That is the job of the IO to determine, not anyone on this board. Intent is established at the time of entry, if she was allowed to enter the country then she would have done so legally and intent no longer matters. Some people on these boards get so hung up on possible intent and act like the person is committing the worst possible crime on the planet. The outcome is the same, spending their lives with their spouse. K1, CR1 or AOS from a VWP, Tourist or some other visa.

On 5/19/2017 at 11:52 AM, jcrod9 said:

I am thinking it is probably different state regulations perhaps?

I honestly think it's due to staff not being knowledgeable. I went to Chase the other day to change my last name on my joint account to my married name as I had now obtained a state ID and at the time when I opened it, all I had was my UK passport with my maiden name on it. I was told he couldn't change my name on my account because I needed to have my GC with me. I told him he was being ridiculous as I already have an account open with them and my drivers license and my marriage license I had with me is all the proof I needed to change the name on the account but he still insisted the system wouldn't let him. I left and went to another Chase bank down the street and he did it for me with absolutely no problems. All he needed was to see my new state ID. So some staff members just don't know what they're doing.

On 5/19/2017 at 8:30 AM, Hopeful diva said:

No they don't. Tried to open up an account for a visitor on b2 couple of weeks ago. You have to have either a student visa or some sought of utility bill or ead in your name to qualify. 

They do. When I first arrived I opened a joint account with my husband at bank of America using just my passport.

12 minutes ago, blk said:

 

Hi

Congrats to you both, when we went for my AOS just over three years ago, the immigration officer had a very relaxed manor & most of the time he was talking to my wife about the different US Army postings as my wife's dad was in the Army.

It didn't feel like an interview more like a little chat lol. 

 

Brian

Thanks so much!! It was the same with us. It was really like a chat, we felt so at ease. Most of the time the IO was talking to my husband about sports and how cold it was living up north. Pleasant experience.

Hi All,

I just wanted to share my AOS Interview experience. I hope this helps someone as I remember how nervous I was before my interview and reading experiences really helped.

Background: I arrived through VWP from UK. Husband is a US born Citizen. Filed for AOS in Dec 2016. Received EAD & AP in March 2017. AOS Interview in May 2017. AOS approved on the same day.

My appointment was at 8.30 and we arrived about 15 minutes early, checked in at reception and then waited in the waiting room to be called. We were called in exactly on time and led to our IO's office. 

Documents we brought with us:

- My EAD card

- My SSN

- Both our passports

- Certified copies of both our birth certificates

- Certified copy of marriage license 

- Joint tax returns

- Joint bank account statements (we brought 4 months worth but he only kept one)

- Medical Insurance cards (I am beneficiary on Husband's policy)

- Car insurance insurance policy (both our names on policy)

- Joint apartment lease

- Scans of our credit cards (I am an authorized user and so the numbers are the same)

- Scans of our drivers licenses (showing same address)

- Flight confirmation emails of trips we took together after marriage

- Cards that were sent to us after marriage and wedding cards

- Photos (dating life, wedding, after marriage including pics w/ friends and family)

Once we entered the office, we were sworn in and then took our seats. Our IO asked for my husbands proof of citizenship (we provided his birth certificate and passport) and my passport and birth certificate also. He tapped away at his computer for a while and readjusted the papers on the table without saying much. He asked for my SSN and then explained how the interview would be conducted. The first part would be focused on the legitimacy of our marriage and then the second part would be to see if I was eligible (criminal history etc etc).

He asked us our full names and addresses and then asked how we met, asked me if I have met my in-laws and what their names were and what my husbands DOB (date of birth) was. He then asked my husband what my DOB was and what our date of marriage was (he made a joke about how he always asks the husbands that question to see if they answer correctly and if they don't, he likes to see the look on the wife's face and the interaction between them after that lol).

He then asked me what documents I had to prove the legitimacy of our marriage and I showed him what I had. He took copies of the lease, medical insurance cards, car insurance policy, 1 month bank statement, the scans of our licenses and credit cards and told me to pick out some photos for him to put in the file. Lastly, he asked about our engagement and who proposed marriage and if we can tell him how it happened. I told him and he then joked about how romantic it was and that  he might cry lol. That concluded that part of the interview.

The second part was just  him just asking yes/no questions from the I-485 form and that was it.

He explained the conditional GC to us (because we have been married less than 2 years) and how to remove the conditions after 2 years (less 90 days) and then said we make a beautiful couple and he wishes us all the best. He told me he had recommended me for approval and that I should receive my GC within 3 weeks. I checked the website at about noon that day and it had been updated to say my AOS had been approved and my GC was being produced.

The whole thing was about 30 mins and most of that time was just him typing on the computer and adding things to the file.

I read a lot about people being really nervous about questions on whether you intended to stay in the US at the time of entry on a VWP and how to prove you didn't have intent. None of those questions were asked at all. He was concerned about the legitimacy of our marriage and nothing else.

Hope this was helpful.

Questions welcome

In my city it was the same office, Tampa.

Had my AOS interview on Tuesday and it was a smooth, painless process. 

IO asked standard yes/no questions, asked me his parent's first names, asked him my DOB and the date we got married. Asked us how we met and asked who proposed marriage and to tell him about the proposal and those were all the questions he asked about our relationship. My husband and the IO were talking about sports and living up north most of the time. We gave him our supporting documents (joint medical insurance, joint bank account statements, joint car insurance, scans of our credit cards and licenses and joint tax returns. We brought a lot of photos but told us to pick the ones we wanted to give him) and that was it. He told us we were a beautiful couple, he wishes us all the best and that he recommended us for approval. Our interview was at 8.30am and by about 12pm i checked the website and it had been updated that we had been approved and that my card was being produced.

It's really nothing to worry about. If you have a bonafide marriage, it's a piece of cake. 

Hope all goes well for you

With the EAD it'll still have the DHS wording on it. It can only be removed once you receive your Green card.