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ValerieA reacted to KayDeeCee in Just married my Canadian wife on Tourist Visa
You started off saying they may accuse her of visa fraud and that adjusting status on a tourist visa was a big no-no for the USCIS. It is not fraud nor a 'no-no'. Your 'opinion' sounded a lot like misinformation that would only serve to scare the OP out of the perfectly legal, viable AOS immigration path.
I have read plenty of posts telling people it is fraud to try and marry and file for AOS while visiting, and that they have to go for a CR-1 or K-1 visa. Lots of posts telling people they must prove they had no intent to stay when they file, etc., etc. That does make those posts accurate either, and basing an opinion off of incorrect information and passing it on is not helpful.
Hmmm, reminds me of posts where people try to scare others out of using AP as well.
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ValerieA reacted to KayDeeCee in Just married my Canadian wife on Tourist Visa
No. Intent alone is not a reason for AOS denial. Getting married and staying is fine too.
There are plenty of others that did it before, on tourist visas, Canadian visitors, VWP entrants, student and work visa holders alike. They were not lucky. It is the law. It is perfectly legal to do so.
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ValerieA got a reaction from elmcitymaven in Roll Call of Fallen Commrades
Nothing is worth the horror of bling.
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ValerieA got a reaction from Harpa Timsah in Roll Call of Fallen Commrades
Jeez, I wander away from VJ for a few years and this is what happens? Everyone is getting along here? It's all sunshine and rainbows with you guys now, love and hugs. I'm sure there's a unicorn pooping rainbows somewhere.
I'm not +1'ing anyone until there is screaming and slamming doors.
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ValerieA got a reaction from decocker in Roll Call of Fallen Commrades
Is America the second letter or the fourth?
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ValerieA got a reaction from Teddy B in Roll Call of Fallen Commrades
Boredom. Have a pretty light day, so I thought I'd come try to get in trouble here. You seem like the people to help me with that.
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ValerieA got a reaction from GandD in Roll Call of Fallen Commrades
Jeez, I wander away from VJ for a few years and this is what happens? Everyone is getting along here? It's all sunshine and rainbows with you guys now, love and hugs. I'm sure there's a unicorn pooping rainbows somewhere.
I'm not +1'ing anyone until there is screaming and slamming doors.
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ValerieA reacted to Karee in Roll Call of Fallen Commrades
Yeah the mods rolled through and handed out handfulls of internet Thorazine to everyone via their new moderation policies. Now it's pages and pages of folks mindlessly high fiving each other and posting photos of cats together with pizza.
It's become an even more adolescent version of Facebook.
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ValerieA got a reaction from Karee in Roll Call of Fallen Commrades
Jeez, I wander away from VJ for a few years and this is what happens? Everyone is getting along here? It's all sunshine and rainbows with you guys now, love and hugs. I'm sure there's a unicorn pooping rainbows somewhere.
I'm not +1'ing anyone until there is screaming and slamming doors.
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ValerieA got a reaction from Teddy B in Roll Call of Fallen Commrades
Jeez, I wander away from VJ for a few years and this is what happens? Everyone is getting along here? It's all sunshine and rainbows with you guys now, love and hugs. I'm sure there's a unicorn pooping rainbows somewhere.
I'm not +1'ing anyone until there is screaming and slamming doors.
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ValerieA got a reaction from decocker in Roll Call of Fallen Commrades
Jeez, I wander away from VJ for a few years and this is what happens? Everyone is getting along here? It's all sunshine and rainbows with you guys now, love and hugs. I'm sure there's a unicorn pooping rainbows somewhere.
I'm not +1'ing anyone until there is screaming and slamming doors.
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ValerieA got a reaction from elmcitymaven in Boyfriend here on tourism visa, want to get married. Need help!
It is not a "loophole". It is a part of the law surrounding immigration.
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ValerieA got a reaction from elmcitymaven in Boyfriend here on tourism visa, want to get married. Need help!
I think you will find that AOSing from a non-K visa takes more like 3-5 months. I just checked the April filers thread and they are already getting interviews and approvals.
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ValerieA got a reaction from Dnoon in Hi, Can my husband stay in US?
Let me know how it goes, I always figured I was maybe reading things too literally regarding that, and it really was a pain to get hold of that letter. Good luck with your filing!
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ValerieA got a reaction from Dnoon in Hi, Can my husband stay in US?
You are correct, you need to provide a certified copy of the court record. I also had to provide a record of having served my probation. When you get the certified copy, get several - you will need them at the ROC and citizenship stages, also.
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ValerieA got a reaction from elmcitymaven in After marrying a US Citizen, can I stay in the US to live with him
Close. Intent can not be used as a reason to deny, there is a paragraph in the field adjudicator's manual on it. And it's not "getting away with it". AOSing from a tourist visa is perfectly legal, as you said in your third sentence.
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ValerieA got a reaction from elmcitymaven in After marrying a US Citizen, can I stay in the US to live with him
SO much misinformation in this thread. OP - are you in the US right now? If you are, you should be fine to AOS. It is not illegal, and many of us have done it.
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ValerieA got a reaction from S & P in After marrying a US Citizen, can I stay in the US to live with him
Close. Intent can not be used as a reason to deny, there is a paragraph in the field adjudicator's manual on it. And it's not "getting away with it". AOSing from a tourist visa is perfectly legal, as you said in your third sentence.
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ValerieA got a reaction from S & P in After marrying a US Citizen, can I stay in the US to live with him
SO much misinformation in this thread. OP - are you in the US right now? If you are, you should be fine to AOS. It is not illegal, and many of us have done it.
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ValerieA got a reaction from Hypnos in Getting Married and Filing AOS one month after expiration of 1-94
Just to be clear, "married to a US citizen" is not a status with USCIS. Carrying the wedding certificate around with you would not prevent you being deported. Only having a valid status within the US prevents you from being deported - time left on your I-94 or filing the I-485. It is highly unlikely that anything will happen to you, although with your local office being Dallas I would be a little bit more careful; INS does do stop checks occasionally in Texas. I seem to recall a story about someone detained on one of them a few months back.
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ValerieA got a reaction from Harpa Timsah in Getting Married and Filing AOS one month after expiration of 1-94
My comments are directed at the OP, I would not want them to misinterpret what you wrote and think that they were fine simply because they were married.
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ValerieA got a reaction from Harpa Timsah in Getting Married and Filing AOS one month after expiration of 1-94
Just to be clear, "married to a US citizen" is not a status with USCIS. Carrying the wedding certificate around with you would not prevent you being deported. Only having a valid status within the US prevents you from being deported - time left on your I-94 or filing the I-485. It is highly unlikely that anything will happen to you, although with your local office being Dallas I would be a little bit more careful; INS does do stop checks occasionally in Texas. I seem to recall a story about someone detained on one of them a few months back.
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ValerieA got a reaction from Teddy B in Need advice & probably help. Just got a call and am now worried about my new family.
http://www.merriam-webster.com/dictionary/loophole
loop·hole noun \ˈlüp-ˌhōl\
: an error in the way a law, rule, or contract is written that makes it possible for some people to legally avoid obeying it
There is no error in the way the law is written that allows AOS. There is WRITTEN LAW that allows AOS explicitly. Your definition is flawed, although it still supports AOS from visitor visa or VWP as the intent of the system is to allow for it under the appropriate circumstances.
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ValerieA got a reaction from Terry J in Need advice & probably help. Just got a call and am now worried about my new family.
http://www.merriam-webster.com/dictionary/loophole
loop·hole noun \ˈlüp-ˌhōl\
: an error in the way a law, rule, or contract is written that makes it possible for some people to legally avoid obeying it
There is no error in the way the law is written that allows AOS. There is WRITTEN LAW that allows AOS explicitly. Your definition is flawed, although it still supports AOS from visitor visa or VWP as the intent of the system is to allow for it under the appropriate circumstances.