Matthew Udall

No, this person is already in the U.S. The 10 foot pole issue comes up when someone "outside" the U.S. is asking if they can enter the U.S. with immigrant intent, but with a nonimmigrant option, in order to marry and adjust. To advise someone in "that" situation to enter with immigrant intent, but with a nonimmigrant option, would be advising that person to commit an illegal act at the POE.

And the officer who talked to the OP is "partially" correct. Sure, they can file, but they may or may not have trouble during the AOS interview. The OP did not say anything about what might have happened at the POE when he or she entered.

AlphaTrion-TJW

    > There are risks involved, you will have to prove you had no intention of
marrying when you enter. Along with some other risks.

There are risks always involved in any of the AOS process. I read a book on
the subject today that said the INS goes into every case with the
presumption of guilt and that it becomes the responsiblity of the petitoner
(sp) to prove their innnocence. Wouldn't it be more to the point that they
had no intention of staying after they married? Different story if they
entered planning on getting married and staying.

    > Also it would be a good idea to see if you guys are able to meet all the
income requirements.

Big, big yes on this one. This has got to be one of the more common reasons
(outside criminal record and perjury) for denial. Do the math, it doesn't
cost anything but time, and if the numbers don't add up don't even start
down this path.

    > You may take time to think it through though, sometimes people just want
to spend more time together and they get married in a rush and it does not
work out. Make sure it is the right thing for you guys.

Well me and my wife eloped, my idea, 3 days after she got here, so no room
to talk on this one from me. But thing again this goes back to the idea of
us planning on moving back to Canada and staying so US immigration wasn't
even a factor at the time.


--
Toby & Antoinette Woods
~~~ http://www.woodsfamily.cjb.net ~~~

AlphaTrion-TJW

Ask 10 immgration officers the color of the sky and get 10 different
answers. At the end of the day is that it all a crap shoot from the get go.


--
Toby & Antoinette Woods
~~~ http://www.woodsfamily.cjb.net ~~~

tortoise

hahahah... agreed! ;)

Matthew Udall

If this book talked in terms of "guilt" and "innocence", than I'd call that a poorly written book. I would have instead talked in terms of the burden of proof one must meet in order to prove one is eligible to be awarded the benefit they are seeking.

Folinskyinla

Matt:

Immigration court practitioners, Immigration Judges and TA's are amused when an attorney who does criminal law appears in immigration court for the first time and pleads "not guilty" -- removal is a civil proceeding and the pleadings are admissions and denials.

But you are right -- the burden of proof is on the applicant -- however this is NOT a presumption of "guilt" -- and the BIA has said so from time to time.

Harold

Sounds to me like you have not yet married and the 90 days on the visa
has not run out.

All the caveats mentioned above are considerations.

As soon as you apply to Adjust Status you are In Status until a
decision is rendered. If you are Out of Status you should consult an
attorney. I am not an attorney.

Read this very carefully-

http://uscis.gov/graphics/howdoi/legpermres.htm

A danger is that you might be accused of visa fraud for entering on a
temporary visa with the intention of staying permanently. You can
leave and file for a K1 or K3 visa.

It is said that there is a 30/60 day rule. That is, if you marry
within 30 days of entry, you intended to marry. If you marry beyound
60 days after entry you did not intend it. In between is investigated.

[email protected] (JOHNDOE) wrote in message news:<[email protected] om>...
    > i have been told by an immagration officer from a immagration office
    > in the states that i can adjust my status while on my tourist visa. So
    > he gave me all the forms me and my fiance need to fill out to go ahead
    > with it. He also said that i can stay in the states while this is
    > being proccesed even though my 90 day visa has expired. PLEASE ADVISE.
    > this was not my intention to do this while i was here, but we just
    > decided to go ahead and see what happens.

Mtravelkay

Harold wrote:
    > It is said that there is a 30/60 day rule. That is, if you marry
    > within 30 days of entry, you intended to marry. If you marry beyound
    > 60 days after entry you did not intend it. In between is investigated.
    >

There is no 30/60 rule.

Matthew Udall

Nonsense! This is total BS.

Haven't thought about Paul Gani and Alvena for a while now, and I could have stood not thinking about their work today as well.

AlphaTrion-TJW

Ughh..the urban myth that would not die.

Look you could marry 1 day after you get here or you can marry 2 years from
then it don't matter. There is no magic number of days where they say
"intent or no intent" What they look at is intent. Nothing more, nothing
less. People do screwball thing when it comes to love and marriage and the
INS. That's why you won't find any BS about how long you have to be in the
states before you can marry without suspicion (sp) case there is no such
standard. Me and my wife marry 3 days after her arrival (no Visa, no intent
to stay) anre we're subject to the same level of scurtiny (sp) as someone
who married 90 days letter with the same intent and no visa. It's up to us
and anyone who petitions to prove that our original intentions were in good
faith and that thing changed after the fact.


--
Toby & Antoinette Woods
~~~ http://www.woodsfamily.cjb.net ~~~

Folinskyinla

Hi:

There is such a rule -- its just that its been grossly misapplied and misunderstood.

However, it is totally inapplicable here.

Susanna

Am I reading between the lines here?
What do you meen please when you say that you can applie for AP 180days before visa expires???? a tourist visa is 90days so how would you file 180days before?

Ray

Read it again..it does not say "before'" it says within 90 days of expiring..

tortoise

i was told that you have to apply for your advance parole within the 180 day period after your visa expires.

edit: now, i'm not sure whether the 90 day visa is included in the 180 days. that's something to check out for sure. i was under the impression it wasn't. anyhow, for me it's a no-hoper, i messed up no matter what.

Rete

I don't. Have seen immigration officers advise this route in several cases. One was a friend of mine in Boston with a fiancee in Nova Scotia. BDO said have him come down, get married and stay and aos. They did and were adjusted before Jim and I although they started 1 year after us and he has been a USC now for nearly 9 months.

Wade even told the examiner at the POE in Calais what he was planning to do when he explained why he had all his worldly possessions with him.

Makes you more than a little annoyed when things like this occur and there isn't a clap of thunder and a man with handcuffs does slap them on the wrists of the adjuster at the interview and escorts them to the border.

Rete