AOS question!
Nov 13th 2006, 3:50 pm
#16
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,176
Re: AOS question!
Originally Posted by Donna Hamilton
Well, you are correct about the circumstances for the gentleman, I may not know all of the "facts". However, I was also warned by the caring Customs/Immigration at the bridge in my home town of Sault Ste. Marie, that if I married in the US without a fiance visa, I would be deported and have to wait with the other immigrants to return. Spouses no longer get preferential treatment and that it would take 2 to 4 years!(as to spouses it was on the website, also.)
Nov 14th 2006, 1:41 am
#17
Guest
Posts: n/a
Re: AOS question!
> It's all about intent...there's nothing wrong with marrying in the US
> and staying to AOS, as long as you didn't have the intent to stay when
> you entered, also nothing wrong with coming to the US with plans to
> marry as long as you don't intend to stay on that visit.
> --
> Posted via http://britishexpats.com
Okay,
Well everything I have read here over the last month indicated that I
could Adjust Status, but then when I downloaded the "latest" forms and
started to fill them out I came across that point in the I-485 that
stated if you had overstayed you were not eligible.
I thought maybe this was new on the new forms. Hence my question and
pointing this out.
My wife is from the South, she does NOT do cold well but will move to
Canada if need be. We really don't wish to do that though, moving her
is much more difficult than moving me. Career, property, etc. And quite
frankly I won't miss the snow up to my chin either.
As far as intent to stay goes... There was none. The last time I
entered the US from Canada I had only met my now wife once and was
starting a new job working / living 600 miles away. Getting married to
her was not even on the radar. LOL!!! I was SOOOO blind back then!!!
:-)
NJ
> and staying to AOS, as long as you didn't have the intent to stay when
> you entered, also nothing wrong with coming to the US with plans to
> marry as long as you don't intend to stay on that visit.
> --
> Posted via http://britishexpats.com
Okay,
Well everything I have read here over the last month indicated that I
could Adjust Status, but then when I downloaded the "latest" forms and
started to fill them out I came across that point in the I-485 that
stated if you had overstayed you were not eligible.
I thought maybe this was new on the new forms. Hence my question and
pointing this out.
My wife is from the South, she does NOT do cold well but will move to
Canada if need be. We really don't wish to do that though, moving her
is much more difficult than moving me. Career, property, etc. And quite
frankly I won't miss the snow up to my chin either.
As far as intent to stay goes... There was none. The last time I
entered the US from Canada I had only met my now wife once and was
starting a new job working / living 600 miles away. Getting married to
her was not even on the radar. LOL!!! I was SOOOO blind back then!!!
:-)
NJ
Nov 14th 2006, 4:46 am
#18
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: AOS question!
Originally Posted by Donna Hamilton
I was also warned by the caring Customs/Immigration at the bridge in my home town of Sault Ste. Marie, that if I married in the US without a fiance visa, I would be deported and have to wait with the other immigrants to return.
I strongly suspect that you misunderstood what he said... or you're deliberately twisting what he said in order to support your own twisted version of how things work.
Ian
Nov 14th 2006, 4:54 am
#19
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,176
Re: AOS question!
Originally Posted by ian-mstm
If this is, in fact, what the officer said to you... then he doesn't know what he's talking about. It is perfectly legal to marry in the US without any sort of visa whatsoever.
Nov 14th 2006, 5:10 am
#20
Account Closed
Joined: Mar 2004
Posts: 2
Re: AOS question!
Originally Posted by Donna Hamilton
Well, you are correct about the circumstances for the gentleman, I may not know all of the "facts". However, I was also warned by the caring Customs/Immigration at the bridge in my home town of Sault Ste. Marie, that if I married in the US without a fiance visa, I would be deported and have to wait with the other immigrants to return. Spouses no longer get preferential treatment and that it would take 2 to 4 years!(as to spouses it was on the website, also.)
These immigration officers deal with the new regulations on a daily basis. I too was surprised by the warning. My family has married across the border for generations. My close family all got married in Canada. My aunt married in the US in the 60's. What I have learned is that the requirements change daily.
As for the call center, I agree about misinformation. I have been guided through this process by the Immigration Officers in Sault Ste. Marie, Michigan and in Tampa, Fl. (Detroit Michigan is hopeless!) They have been courteous, very helpful, and well informed. Due to their help, my process has been as quick as the back log allows.
I started this process last August, married in February, got my EAD and SSN in June and am going for my conditional permanent residence interview. .
---
posted via:
http://www.visaforyou.org/eng/
These immigration officers deal with the new regulations on a daily basis. I too was surprised by the warning. My family has married across the border for generations. My close family all got married in Canada. My aunt married in the US in the 60's. What I have learned is that the requirements change daily.
As for the call center, I agree about misinformation. I have been guided through this process by the Immigration Officers in Sault Ste. Marie, Michigan and in Tampa, Fl. (Detroit Michigan is hopeless!) They have been courteous, very helpful, and well informed. Due to their help, my process has been as quick as the back log allows.
I started this process last August, married in February, got my EAD and SSN in June and am going for my conditional permanent residence interview. .
---
posted via:
http://www.visaforyou.org/eng/
Remember that you have no right to rely on what the US government tells you; the Supreme Court has said so [Schweiker v Hansen]
Nov 14th 2006, 5:30 am
#21
BE Forum Addict
Joined: Feb 2004
Location: Philadelphia, PA
Posts: 1,516
Re: AOS question!
Funny, I came from Canada, got married across the border (NO INTENT) and didn't get deported.
Also, about the vaccinations - at least with me, the doctor didnt even look at my old vaccination record (which was pretty useless looking anyway), but was just like "okay you're Canadian? You've got everything you need, then". Should be all good.
Also, about the vaccinations - at least with me, the doctor didnt even look at my old vaccination record (which was pretty useless looking anyway), but was just like "okay you're Canadian? You've got everything you need, then". Should be all good.
Nov 14th 2006, 9:39 am
#22
Hull lass
Joined: Sep 2006
Location: Huntington Beach
Posts: 186
Re: AOS question!
Originally Posted by Donna Hamilton
As for the call center, I agree about misinformation. I have been guided through this process by the Immigration Officers in Sault Ste. Marie, Michigan and in Tampa, Fl. (Detroit Michigan is hopeless!) They have been courteous, very helpful, and well informed. Due to their help, my process has been as quick as the back log allows.
---
posted via:
http://www.visaforyou.org/eng/
The OP should be ok as long as he doesn't leave the country after overstaying until the completion of his case.
