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  • Need your Opinion/Advise

    Hi Guys!

    I've been reading alot of discussion about the forum..

    So, I've been married with my husband since December 31, 2015. I'm a Canadian Citizen and we have been visitingeach other constantly since then (we visit each other every 2 to 3 months). Whenever I get asked at the US border, I was always honest about my purpose of visit. To visit my husband. I always asked who's gonna move and where. and we haven't had solid plans at that point. We had to weigh our options because I personally wanted to live in Canada because most of my family is there but I couldnt sponsor him if I was on employment insurance from the government since my work termination was not my fault.

    SO my question is, since we're doing adjustment of status, is it a potential problem (intent) that we've been married that long and suddenly I came to visit again and adjust status? We were leaning towards moving to Canada but I got laid off from my job last October, and since been actively looking for a new job but was unable to find a decent one (Economy sucks right now).

    I came to visit last August and things just got more difficult to think we will live apart, so we just decided to live in USA for now and cancelled my return flight to Canada. Will this be an issue? (I honestly didn't have intent to immigrate when i crossed the border, it was just something we talked about a weeek after i arrived and we decided it was pointless to still be separated from each other)

    I've read people commenting on the forums about marrying right after entering. (But we've been married) so i'm not sure if its a big deal.

    Thank you!
    Last edited by calgarygirl; 10-24-2017, 06:28 PM.

  • #2
    Assuming there is no change in USCIS office policy, you will not face issues

    Comment


    • #3
      Originally posted by calgarygirl View Post
      Hi Guys!

      I've been reading alot of discussion about the forum..

      So, I've been married with my husband since December 31, 2015. I'm a Canadian Citizen and we have been visitingeach other constantly since then (we visit each other 2 to 3 months at a time). Whenever I get asked at the US border, I was always honest about my purpose of visit. To visit my husband. I always asked who's gonna move and where. and we haven't had solid plans at that point. We had to weigh our options because I personally wanted to live in Canada because most of my family is there but I couldnt sponsor him if I was on employment insurance from the government since my work termination was not my fault.

      SO my question is, since we're doing adjustment of status, is it a potential problem (intent) that we've been married that long and suddenly I came to visit again and adjust status? We were leaning towards moving to Canada but I got laid off from my job last October, and since been actively looking for a new job but was unable to find a decent one (Economy sucks right now).

      I came to visit last August and things just got more difficult to think we will live apart, so we just decided to live in USA for now and cancelled my return flight to Canada. Will this be an issue? (I honestly didn't have intent to immigrate when i crossed the border, it was just something we talked about a weeek after i arrived and we decided it was pointless to still be separated from each other)

      I've read people commenting on the forums about marrying right after entering. (But we've been married) so i'm not sure if its a big deal.

      Thank you!
      I am in a similar situation, except that i got married after i came down. We were plannjng our wedding for next summer when i was visiting and decided to elope to Vegas. I still have a wedding dress in storage at the store i bought it from in Vancouver i didn't get to wear. We are now plannjng huge party instead.
      You will be just fine. You might actually be in a better place than most of us because you have been married for almost two years. I believe that you wont need to go through the process of a conditional green card.
      Good luck!

      Comment


      • #4
        Originally posted by Dlucan View Post
        I believe that you wont need to go through the process of a conditional green card.
        I agree. If your marriage is older than 2 years when you are granted permanent residence, the permanent residence will be unconditional

        Comment


        • #5
          I am in the same situation. On some forums, people will tell you you can't do that, it's illegal, it's unfair for those who cannot get a tourist visa or visa waiver blah blah blah... but it is the whole purpose of AOS. As long as everything else is good, you should be able to get your EAD and green card

          Comment


          • #6
            Originally posted by Lyanna View Post
            I am in the same situation. On some forums, people will tell you you can't do that, it's illegal, it's unfair for those who cannot get a tourist visa or visa waiver blah blah blah... but it is the whole purpose of AOS. As long as everything else is good, you should be able to get your EAD and green card
            Yah I know. That's what mostly i've been reading. They could check all my entry records and has always been honest about my purpose of visiting USA and never went to secondary inspections even. just plain old question who's going to move where..

            How's your application going?

            Originally posted by inadmissible View Post
            I agree. If your marriage is older than 2 years when you are granted permanent residence, the permanent residence will be unconditional
            Hopefully! its 2 months away and based on people's timeline in other peoples forum, processing is taking a year

            Originally posted by Dlucan View Post
            I am in a similar situation, except that i got married after i came down. We were plannjng our wedding for next summer when i was visiting and decided to elope to Vegas. I still have a wedding dress in storage at the store i bought it from in Vancouver i didn't get to wear. We are now plannjng huge party instead.
            You will be just fine. You might actually be in a better place than most of us because you have been married for almost two years. I believe that you wont need to go through the process of a conditional green card.
            Good luck!
            Thank you!!! you can always wear that wedding dress when all this is done!

            Comment


            • #7
              Originally posted by calgarygirl View Post
              Yah I know. That's what mostly i've been reading. They could check all my entry records and has always been honest about my purpose of visiting USA and never went to secondary inspections even. just plain old question who's going to move where..
              Your intent is determined at the border. By the time you and your spouse go to the interview, the interviewing officer only cares about making sure you guys are a real couple.

              Comment


              • #8
                Originally posted by coffeeaddict View Post
                Your intent is determined at the border. By the time you and your spouse go to the interview, the interviewing officer only cares about making sure you guys are a real couple.
                its a relief. like for real

                Comment

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