nutts4mutts

The attorney said that it (age gap) would trigger more questions at a more detailed and personal level, but that's all. He said that since we're both from the western hemisphere we shouldn't have a problem. He was actually born and raised in a town where 90% of the people were US professionals working in the oil industry. He shares my values, culture and religion.

The attorney also said that if they're not "convinced" on your marriage they will ask you to provide more evidence and witness statements before denying your application.

Like you said, this shouldn't be an issue. We were concerned about the way things were done and I started to push the attorney to discuss the worst case possible.

andrea874

Do you have a copy of your I-94, or a stamp in your passport or anything? It seems like that would take care of any "undocumented entry" issues.

nutts4mutts

Actually yes, he has the stamp on the passport and the little I94 card. That's not the issue. As discussed with the attorney, there's BIA precedent that "forgives" intent. Now it seems that sometimes, when the adjudicator is fixed on pressing the "intent" issue, they will somehow turn it into "missrrepresentation" (such as lying at the port of entry) to get away with denying the application. This is shady conduct to say the least and I was told that this was unlikely but possible but entering with a false visa AND lying are both included under "undocumented entry".

Now, I don't really want to make a big issue out of this based on something that can happen if and when... I could die tomorrow while in the shower too, I just wanted to know if there was something we could do and that's how this waiver thing came about.

nettlebed

If they can prove misrepresentation (lying at the port of entry), how is that shady? If somebody lies to get in, and USCIS can prove it, that's grounds for deportation and excludability, plain and simple unless, I miss my mark by a long way.

nutts4mutts

Sorry for the missunderstanding. Here's the thought, somedoby wants to nail you for intent but intent alone is not supposed to trigger denial of AOS. Then the USCIS adjudicator would say that you had intent and therefore pretty sure you lied to gain entry. I understand there's no transcription of what is asked and said at the port of entry, even when secondary and detailed inspections are conducted, other than the identity of the person (passport number and the such) and general purpose of visit (i.e. pleasure or business). This creates a situation when it's pretty much he said she said, needless to say who's got the upper hand.

To my knoledge, the only time there's a transcript of Q&A is when the alien is denied entry and a sworn statement is used to support inadmissibility at the point of entry.

I may be mistaken of course.

scrubbedexpat099

All I can say yet to see someone, with no other issues, have this discussion.

The only case I can think of was the famous German who turned up at AOS interview with pictures of the wedding, all his family and friends were there, having married a few days after entering on VWP.

nutts4mutts

Pretty sure he got denied right?

scrubbedexpat099

err Yes

What could he say about prior intent?

Shot himself in the foot.

nutts4mutts

actually or wedding was quick and simple, no guests, nobody knew. We didn't actually had time to plan anything, I decided I wanted to get married, that was a friday, he said no, I convinced him and got married on a sunday. Our marriage is public records, we told people afterwards but that did more harm than good.

nutts4mutts

and we did it 3 weeks after he came. Do you see any problems with this?

meauxna

Maybe everyone else is going to tell me to piss off about this and not to speak for them, but...

I ask you to consider the difficult postition you put US in everytime you ask for this guarantee from the laypersons who post to this site.
You have read the history of past experience posts, you have reviewed the law. You have had professional consultations with Bar-card-carrying attorneys, you have received a lot of feedback here.

The collective 'we' tend to post in generalities as much as possible because this is a public newsgroup, we are mostly not attorneys, and if anyone here is an attorney, they are not your attorney. We know portions of the law, and most of us are learning every day.

I read your pleas for comfort and I *want* to say: you'll be FINE, stop worrying! But that would probably only be 99.999% correct, and that one little smidgen is the same one that causes *your* attorney to talk about waivers, leaving the US and other drastic remedies. In the interest of accuracy, NONE of us here can tell you 100% "you'll be fine".
Mind you, that seems to be the general concensus of everyone here.

I'm not annoyed or trying to hold you back, but I'd ask you to consider our side of it as well... this group has a long, long history on the subject. There are some things that we seem to have collectively agreed not to say and your situation falls smack in the middle of a sensitive topic.
Search "10 foot pole" for details.

scrubbedexpat099

Not in itself, there is nothing you have said that would cause an issue, just be ready with your explanation IF asked.

nutts4mutts

I understand, and I need to stop the craziness now. You brought up this german dude and how he did it quickly. I know you're not a lawyer but do you think the fact we got married after only 3 weeks is going to be a problem? I mean, you're familiar with other posts on the matter and based on those, what do you think?

scrubbedexpat099

I can not guarantee you anything.

If you come back with a report of your interview and they made a big issue of this, it will be new to me.

meauxna said it, lots of things in life to worry about, chances are not this.

nutts4mutts

I didn't want to make you liable for anything, I know this is just a forum and opinions fly here with no real attachment of consequences. I know that for a fact. I know you can tell me that our interview will be short and it can last for hours. I just wanted your personal opinion on the issue of our wedding being just 3 weeks after entry since you're more familiar with other posters and related topics. That's all, sorry if you took it the wrong way!