617Haligonian

They will care about your marriage being bona fide. Because your English does not seem very good, try to practice answers. I pasted common questions below. You can search for more.
 
Since you are already in the US, intent was proven at the point of entry, and that was last year. So that is fine, you don't face deportation. We had understood something different. 
 
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Name and address. 
Name and Date of Birth of Spouse. 
When and where did you meet your spouse? 
Describe this 1st meeting. 
Did you make arrangements to meet again? 
Did you exchange phone numbers? 
When did you meet next? 
Where were you living at the time? Where was your spouse living? 
When did you decide to get married? Where were you at the time? 
Did you live together before marriage? 
When and where did you get married? How did you and your spouse get to the church, courthouse, etc.? 
Who were the witnesses to the ceremony? 
Did you exchange wedding rings? 
Where had you purchased these rings? Did you and your spouse purchase them together? 
Did you have a reception after the ceremony? 
Where was it held? 
Do you have any photos of the ceremony and /or reception? 
Describe the reception. 
Did any of your, and your spouse's, family members attend? If so, who? 
Did you go on a honeymoon? If so, when and where? 
If you did not have a reception, what did you do after the wedding ceremony? 
Where did you live after the wedding? 
Describe the place where you lived right after the marriage. Number of bedrooms and bathrooms; furnishings; color of walls, floor coverings, appliances, etc; type of air conditioning, heating, etc; # of telephones, televisions, etc. Do you have cable television? 
Where did you get the furniture? Was it already there, did you buy it, was it a gift, or did it come from your, or your spouse's, previous residence? 
If brought to the house or apartment, describe how it was transported. 
Describe your bedroom. Where do you keep your clothes? Where does your spouse keep his or her clothes? Where are the bathroom towels kept? Where do you keep the dirty clothes? 
Where is the garbage kept in the kitchen? 
On what day of the week is the garbage picked up? 
Where do you shop for groceries? Do you go together with your spouse? How do you get there? 
Where do you work? What days of the week do you work? 
What hours do you work? What is your salary? 
What is your telephone # at work? 
When was the last vacation you had from work? 
Did you and your spouse go anywhere together at that time? 
When was the last vacation you and your spouse took together? 
Where did you go? How did you get there? Describe it. 
Where does your spouse work? What days of the week? What hours? What is the salary, if you know? 
When was the last time your spouse got a vacation from work? 
Do you know your spouse's family members? If so, which ones? If your spouse has children from a previous marriage, their names, ages, where they live, and where they go to school, if applicable. 
Where do you live now? (If different from where you lived right after the marriage, then go over the same questions as above). How much is the rent? When is it paid? How do you pay it? 
Do you have a bank account together? Where? What kind of account? (Checking, savings). 
Are both of you listed on the account? (Do you have a bank letter, cancelled checks, etc.?) 
Did you file a joint tax return this year? Do you have a copy with you? 
Do you own any property together? What property? Did you bring copies of the documents with you? 
What kind of automobile do you and your spouse have? Describe them. 
Do you have an insurance policy listing your spouse as the beneficiary? If so, do you have a copy? 
Have you taken any trips or vacations together? Do you have photos from these trips? 
Do you have any utility bills, or receipts from items you have purchased together? 
What other documentation do you have to show that you are living together as husband and wife? 
Do you have any pets? What kind, what are their names, and describe them? 
What did you do for Christmas, New Year's, your anniversary, or you or your spouse's last birthday? Did you exchange gifts? If so, what kind of gift? 
Did you or your spouse go to work yesterday? If so, at what time did you and/or your spouse leave the house and return? 
Who cooks the meals at the house? 
What is your spouse's favorite food? What is your favorite food? 
Does your spouse drink coffee? If so, does he or she use cream and/or sugar? 
Did you eat dinner together last night? Did anyone else have dinner with you? What did you have? 
What time was dinner served? Who cooked it? 
Did you watch TV after dinner? What shows did you watch? 
At what time did you go to bed? Who went to bed first? 
Did you have the air conditioning or heater on? 
Who woke up first this morning? Did an alarm clock go off? 
Did you or your spouse take a shower? 
Did you come to the interview together? Who drove? 
Did you have breakfast? Where and what did you eat?

The basic requirement to adjust status is that you entered the country legally ( which you did) and that you are in a bonafide marriage, your immigration status is irrelevant .
 
So if you want to marry this person and build a life together then go for it, you are within your rights.   Evidence of a bonafide relationship is gotten over time and you should not be discouraged that you have to little now. Get married and start combining your legal and financial lives. when you move in together get on the lease. Get gym memberships together, get insurance together, evidence of trips together, joint property purchases and the like.
 
The only thing you need to start the process is a marriage certificate.  You can start collecting evidence as times goes on. It will be at least six months to a year before you get your interview and as such you can use that time to collect more evidence of a bonafide marriage.
 
Since you are likely out of status for more than 6 months,  DO NOT LEAVE THE COUNTRY under any circumstances unless you have approved advance parole. If you do you will not be able to return for 10 years unless you get a waiver which is not easy to obtain.
 
Below is a guide of what you will need. Good luck on your AOS journey.
 
Marriage based AOS guide:

Form I-130 Petition for Alien Relative
https://www.uscis.gov/i-130

Form I-130A Supplemental Information for Spouse Beneficiary
https://www.uscis.gov/i-130

Form I-485 Application to Register Permanent Residence or Adjust Status
https://www.uscis.gov/i-485

Form I-693 Report of Medical Examination and Vaccination Record (Must be sealed by civil surgeon and you dont need to send it with your original package, you can send it later on or take it to interview with you)
https://www.uscis.gov/i-693

Form I-864 Affidavit of Support under Section 213A of the INA
https://www.uscis.gov/i-864

Form I-765 Application for Employment Authorization
https://www.uscis.gov/i-765

Form I-131 Application for Travel Document (File this if you are planning to travel during AOS process)
https://www.uscis.gov/i-131

Form G-1145 E-Notification of Application/Petition Acceptance
https://www.uscis.gov/g-1145


 
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Form I-130 Completed and signed form by Petitioner (U.S. Citizen).

Form I-130A Completed and signed by spouse beneficiary.

A personal check or Money Order amount of $535 made out to U.S. Department of Homeland Security.

https://www.uscis.gov/forms/our-fees

Two-passport style photo of U.S. Citizen with full name on the back and name on plastic bag.

Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

Copy of U.S. Citizen`s Birth Certificate or Passport Biographical Page, or Naturalization Certificate.

Copy of U.S. Citizen`s Driver License or Passport Biographical Page.

Copy of Marriage Certificate.

Copy of Divorce Decree (If you are divorced previously).

Copy of beneficiary`s passport biographical page.

Copy of beneficiary`s most recent I-94.

https://i94.cbp.dhs.gov/I94/#/recent-search


 
Examples of Evidence Showing Bona Fide Marriage:


 
 ☐ Joint IRS Tax Return Transcripts (if you have it).

 ☐ Birth Certificate of your children (if you have any).

 ☐ Joint Lease or Mortgage showing joint tenancy (if you have it).


 
☐ Joint Bank Statements. (Checking, Saving, Credit Cards etc.).

 
☐ Joint Utility Bills (Or Utility Bills showing the same address for each spouse)

 
☐ Joint Cell Phone Bills.

 ☐ Joint Car title.

 ☐ Joint Car Insurance.

 ☐ Life insurance showing each other as beneficiary.

 ☐ Retirement accounts showing each other as beneficiary.

 ☐ Health, dental Insurance showing you are on one another plan.


 ☐ Photographs (Weddings, Trips, Family gatherings, Friends)


 ☐ Affidavits from your family, friends having personal knowledge of your bona fides marriage.


 
-------------------------------------------------------------------------------------------------------------------------------
 Form I-485 Completed and Signed by Beneficiary (Alien Applicant).

A personal check or Money Order amount of $1225 made out to U.S. Department of Homeland Security. (Including biometric fee).

Copy of foreign birth certificate for beneficiary accompanied by full-certified translation.

Copy of beneficiary`s passport Biographical page.

Copy of beneficiary`s passport nonimmigrant visa page (if you have)

Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

Copy of beneficiary most recent I-94.

https://i94.cbp.dhs.gov/I94/#/recent-search


 
Copy of Marriage Certificate.
Copy of Divorce Decree (If you are divorced previously).

 Form I-693, Report of Medical Examination and Vaccination Record (sealed by civil surgeon)

“You do not need to send with your initial application but you need have it with you during the interview”

Form I-864, Affidavit of Support Under Section 213A of the INA:

 ☐ Petitioner copies of IRS federal income tax return transcripts for the last one year (Optional last 3 years).

 ☐ Copies of Petitioner`s W2`s or 1040`s forms.


 
 ☐ Copies of Petitioner`s pay stubs.

 ☐ A letter of employment verification for the petitioner.


 
--------------------------------------------------------------------------------

Form I-765 Completed and Signed by Beneficiary.

Two-passport style photo of beneficiary with full name on the back and name on plastic bag.

Copy of beneficiary`s passport Biographical page.

Copy of beneficiary most recent I-94.

https://i94.cbp.dhs.gov/I94/#/recent-search


 
*No Filing Fee is required for I-765 since it is being submitted along with I-485.

 
------------------------------------------------------------------------------------------


 
Form I-131 Completed and Signed by Beneficiary.

Copy of beneficiary`s passport Biographical page.

Copy of beneficiary most recent I-94.

Two-passport style photo of beneficiary with full name on the back and name on plastic bag.


 
 


 

 
 
 

So much mis-information in this thread. Mostly from people that have never been through the process of adjusting from visitor status.
 
1. The 30/60/90 has nothing to do with USCIS. I got married 32 days after entering the country and was not asked 1 question about intent. My interview was in 2017.
2. Intent is determined at point of entry. Once you are legally allowed to enter the country, that means the CBP officer has determined that you do not have intent and it no longer matters. USCIS main concern is that you have a legitimate marriage and that will be the main focus of the interview. You cannot be denying based on intent. Case law supports this.
3. YOU DO NOT HAVE TO PROVE OR PROVIDE EVIDENCE THAT YOU DID NOT HAVE INTENT.
 
Please people. Stop spreading the false information that you read on these forums. The people saying these things have no experience with this situation, they just see the word "fraud" and come up with their own ideas about what will happen. USCIS will try to determine whether your marriage is real. Not intent.

There is always a lot of misinformation that goes around on this topic. People hear the word " visa fraud" and assume that it is the main objective of USCIS to prove that you had intent and kick you out of the country with a 10 year ban. This is false.
 
Intent is determined at the border and AOS cannot be denied based on intent alone. There is case law to support this. See matter of Cavazos and matter of Battista. This is a fact.
 
As someone that has actually been through the process (I was married 32 days after I entered the US and filed for AOS), I can attest to the fact that at NO TIME was my intent questioned during the process. At my interview, I was asked very few questions (none of which were about intent), asked to produce evidence of a bonafide marriage and sent on my way with a greencard approval, 5.5 months after I had initially filed.
The main objective is to find out that your marriage is REAL. Not whether you planned to get married and stay once you entered.
 
A lot of people on here have never been through the process, nor know anyone that has been through the process, yet want to scaremonger people into thinking they can't file because it is "fraud". Is entering the US with intent to stay fraud, yes. No one is disputing that fact. However, due to it being the responsibility of the CBP to determine intent, it is not the mission of USCIS to prove you had intent and deny your application. Applications can be denied for a number of other things, but not because you may have had intent when you crossed the border.
 
If you're going to give advice on a topic, please be well informed and give correct advice. Like others, I have never heard of these cases that some have mentioned. I've not seen proof of applications being denied because of intent, not seen proof of people having legitimate marriages and receiving 10 year bans because of intent and not seen proof of people being interrogated and having to prove they didn't have intent in order to be approved at an interview. I just see people talking about it on these forums because they've also seen it on these forums, and it feeds the cycle and then becomes fact in people's minds because they see it floating around so much. Where is the proof? Where are the actual experiences of these things happening?
 

I keep seeing this thrown around, but I have yet to see an actual case of it anywhere, either on this forum or in the news.
 
You'd think in todays age of sharing everything on social media, and the way any even vaguely negative commentary about USA immigration polities goes "viral" that there's be plenty of stories about it around the place, like with the current rash of deportations, detainments and people being turned away at the border. 

Lawyers generally mess things up and make the process take longer. 
 
Dont worry about the 2-3 month thing.  
 
Also no you cannot use the Canadian consulate to immigrate to the USA.  Your boyfriend would need to interview at a US consulate in Canada, specifically Montreal. 

Great! CO s read between the lines and I am sure they d question a statement like that.. I totally understand your intention is innocent, but choose your words wisely and reply with with the minimum and to the point. Best of luck to you and to your husband to be. I totally understand how you two want to be together, under the same roof. I, too, can t wait for my half to join me soon and boy it has been quite a long journey. 

If you have a straightforward case (and from what it sounds like, you do) then  you really don't need a lawyer.
 
Put it this way---you would be paying a lawyer but all of the legwork is still on you.  You have to get all your documents together yourself, you have to photocopy everything yourself for your own records, you have to send away for any missing documents/evidence you need and pay for those things yourself, you have to gather evidence of a bonafide marriage yourself, you have to fill out the forms yourself....so what exactly would you be paying a lawyer for except for "looking over your documents and checking that everything's filled out"?  (And then happily taking your money) 
 
These forums are a wealth of good information and free advice.  In addition, you will be surprised at how much of an "expert" you will become yourself as you and your new husband go through this entire process leading up to Naturalization (if he so wishes).  It's daunting at the beginning, yes, when you are first trying to figure out the legal steps necessary to adjust status....USCIS has instructions on their website on how to properly fill out the forms, and VJ members are always willing to help when needed or any confusion arises.

~~Moved to AOS from Work, Student & Tourist visas, from IR1/CR1 P&P - the OP is asking about aos'ing as they are both inside the US.~~

Intent is determined by border patrol, thankfully not by VJ members.  If he was allowed in the country, then clearly CBP didn't see any signs of intent.
 
It's easy to miss your flight when you've decided you want to stay with your fiance.  That's not fraud unless that was the intent when he crossed the border.
 
OP, even IF your AOS were denied, you can just reapply with stronger evidence.
 
Is it "skipping" in line? Maybe in a round about way.  If your fiance came to visit and said "baby, I don't want to leave you"... 99% of people cannot honestly say they'd tell them "sorry, you have to go home, you can't skip in line!!" when there's a completely LEGAL way for  to stay together.
 
Best wishes OP!
 

There's also lawyers that have free consults.  But if you're going to pay, please make sure you have a competent immigration attorney.  There are so many horror stories of lawyers giving the wrong advice or filing papers incorrectly causing delays.
 
There is free advice on the forum, examples of completed packages, sample forms... Anything you really needed to ask, there are so many knowledgeable VJ members!

If somebody enters with intent to file for AOS, then it is fraud whether they get caught or not.
That said, preconceived intent cannot be the cause for a denial once you are already admitted. Intent is determined at POE. This is well documented and been ruled on by the BIA. See Matter of Cavazos and Matter of Battista for details. The AOS applicant will not be required to show their non-immigrant intent upon entry, not will they be denied due to it.
 
Do you have some examples of cases to share where somebody was denied and/or received a permanent bar due to preconceived intent?