Port Huron POE and my crossing without activating my K-1
Oct 27th 2002, 12:47 pm
#1
Guest
Posts: n/a
Port Huron POE and my crossing without activating my K-1
Forum members,
I crossed over into Michigan Saturday morning using the Bluewater
Bridge was my POE. This was my first visit to the US after getting my
K-1 visa. As I had no intentions of activating my K-1, I took my
"Certificate of Canadian Citizenship" instead of my passport. When I
came to a halt at the booth, the passports of my family and my
Citizenship card were resting on my legs, so I could produce them in a
jiffy if need be. I was travelling with my folks and two brothers.
This is how the entry went:-
Inspector: Citizenship?
Saif: Canadians
Inspector: Where are you going?
Saif: Troy
Inspector: Why?
Saif: Cousin lives there
Inspector: Bye!!!
I have kept little summary notes of my last 25 crossings into the the
US and this was the very first time I was never asked how long I will
be staying. Either the Inspector was in a hurry or he could read my
face saying "We are all here for one night, just to attend someone's
wedding anniversary"
If someone needs a "clean" entry to marry a USC, I think this was it.
Why did Saba and I go through a 101 day ordeal? Just kidding.
I thought I will share this experience with you all just in case it
ends up helping someone here.
Saba and Saif.
I crossed over into Michigan Saturday morning using the Bluewater
Bridge was my POE. This was my first visit to the US after getting my
K-1 visa. As I had no intentions of activating my K-1, I took my
"Certificate of Canadian Citizenship" instead of my passport. When I
came to a halt at the booth, the passports of my family and my
Citizenship card were resting on my legs, so I could produce them in a
jiffy if need be. I was travelling with my folks and two brothers.
This is how the entry went:-
Inspector: Citizenship?
Saif: Canadians
Inspector: Where are you going?
Saif: Troy
Inspector: Why?
Saif: Cousin lives there
Inspector: Bye!!!
I have kept little summary notes of my last 25 crossings into the the
US and this was the very first time I was never asked how long I will
be staying. Either the Inspector was in a hurry or he could read my
face saying "We are all here for one night, just to attend someone's
wedding anniversary"
If someone needs a "clean" entry to marry a USC, I think this was it.
Why did Saba and I go through a 101 day ordeal?
Just kidding.I thought I will share this experience with you all just in case it
ends up helping someone here.
Saba and Saif.
Oct 28th 2002, 4:58 am
#2
Guest
Posts: n/a
Re: Port Huron POE and my crossing without activating my K-1
> If someone needs a "clean" entry to marry a USC, I think this was it.
> Why did Saba and I go through a 101 day ordeal? Just kidding.
> I thought I will share this experience with you all just in case it
> ends up helping someone here.
You need a K1 entry to avoid a petition approval requirement for
adjustment of status. Your adjustment application will also be more
strongly scrutinized because your background was not properly checked
by a consulate and you may have committed misrepresentation to obtain
illegal entry into the U.S.
Go back to Canada and re-enter with the K1 visa.
CP
> Why did Saba and I go through a 101 day ordeal?
Just kidding.> I thought I will share this experience with you all just in case it
> ends up helping someone here.
You need a K1 entry to avoid a petition approval requirement for
adjustment of status. Your adjustment application will also be more
strongly scrutinized because your background was not properly checked
by a consulate and you may have committed misrepresentation to obtain
illegal entry into the U.S.
Go back to Canada and re-enter with the K1 visa.
CP
Oct 28th 2002, 1:38 pm
#3
Guest
Posts: n/a
Re: Port Huron POE and my crossing without activating my K-1
"Chris Parker" wrote in message
news:cebf7f45.0210280958-
[email protected]...
> > If someone needs a "clean" entry to marry a USC, I think this was it.
> > Why did Saba and I go through a 101 day ordeal? Just kidding.
> > I thought I will share this experience with you all just in case it
> > ends up helping someone here.
> You need a K1 entry to avoid a petition approval requirement for
> adjustment of status.
Huh? what is a "petition approval requirement"? it IS legal to adjust
status from tourist to permanent resident! even the INS 800 number knows
this! Though it is not legal to enter with the intent of marrying and
staying, it is still legal to be in the US as a tourist, get married to a
USC, and adjust to permanent resident without much trouble. Also, as a
Canadian, he is not required to submit an I-94 with AOS papers as Canadians
generally do not receive those on entry. All he would need to do have his
wife file an I-130 (immediate relative visa petition) and he can file his
I-485 AOS concurrently with it. At the AOS interview, both the I-130 and
I-485 are approved at the same time.
Your adjustment application will also be more
> strongly scrutinized because your background was not properly checked
> by a consulate and you may have committed misrepresentation to obtain
> illegal entry into the U.S.
actually, if he didn't already have a K1 that he was planning on activating
at a later date, and asked if he could now get married and stay, I would
probably suggest to him that with an entry like that, he probably would have
no trouble with AOS.
I entered as a tourist in early July 2001, and due to circumstances as they
happened I ended up marrying my husband in late August 2001and filed for AOS
January 2002. I successfully adjusted status with no additional scrutiny or
problems(my AOS interview was a total of 7 minutes long, including swearing
in and signing on the line for my plastic card). It had the distinct air of
being simply a "formality" as the INS officer was reaching for her approval
stamp almost as soon as we sat down.
As far as checking background, that gets done during the AOS process anyways
(thus the $50 fingerprint fee and the IBIS checks).
In order for one to have committed misrepresentation they would have had to
a) entered with the intent of staying, b) lied at the POE and/or on a visa
application.
> Go back to Canada and re-enter with the K1 visa.
I believe that is his intention when he is ready to move, but for now he was
only making a point about how IF he now chooses to get married and stay, he
legally COULD. His intention on entry was to visit (attend someone else's
wedding anniversary); and he did not lie nor was he asked anything at the
POE that would complicate things later.("are you planning on getting married
this trip?" "do you have a fiance in the US?")
> CP
news:cebf7f45.0210280958-
[email protected]...
> > If someone needs a "clean" entry to marry a USC, I think this was it.
> > Why did Saba and I go through a 101 day ordeal?
Just kidding.> > I thought I will share this experience with you all just in case it
> > ends up helping someone here.
> You need a K1 entry to avoid a petition approval requirement for
> adjustment of status.
Huh? what is a "petition approval requirement"? it IS legal to adjust
status from tourist to permanent resident! even the INS 800 number knows
this! Though it is not legal to enter with the intent of marrying and
staying, it is still legal to be in the US as a tourist, get married to a
USC, and adjust to permanent resident without much trouble. Also, as a
Canadian, he is not required to submit an I-94 with AOS papers as Canadians
generally do not receive those on entry. All he would need to do have his
wife file an I-130 (immediate relative visa petition) and he can file his
I-485 AOS concurrently with it. At the AOS interview, both the I-130 and
I-485 are approved at the same time.
Your adjustment application will also be more
> strongly scrutinized because your background was not properly checked
> by a consulate and you may have committed misrepresentation to obtain
> illegal entry into the U.S.
actually, if he didn't already have a K1 that he was planning on activating
at a later date, and asked if he could now get married and stay, I would
probably suggest to him that with an entry like that, he probably would have
no trouble with AOS.
I entered as a tourist in early July 2001, and due to circumstances as they
happened I ended up marrying my husband in late August 2001and filed for AOS
January 2002. I successfully adjusted status with no additional scrutiny or
problems(my AOS interview was a total of 7 minutes long, including swearing
in and signing on the line for my plastic card). It had the distinct air of
being simply a "formality" as the INS officer was reaching for her approval
stamp almost as soon as we sat down.
As far as checking background, that gets done during the AOS process anyways
(thus the $50 fingerprint fee and the IBIS checks).
In order for one to have committed misrepresentation they would have had to
a) entered with the intent of staying, b) lied at the POE and/or on a visa
application.
> Go back to Canada and re-enter with the K1 visa.
I believe that is his intention when he is ready to move, but for now he was
only making a point about how IF he now chooses to get married and stay, he
legally COULD. His intention on entry was to visit (attend someone else's
wedding anniversary); and he did not lie nor was he asked anything at the
POE that would complicate things later.("are you planning on getting married
this trip?" "do you have a fiance in the US?")
> CP
