change of status marriage

[EDNA1]

Hi, my husband is an American citizen. We were married within 30 days after I crossed the border legally under a visitors visa. We were not planning to get married at that time although we were already engaged. Our first plan was to get a fiancee visa but after I crossed the border in a intentioned visit we did not want to be apart anymore and we decided to get married. The problem is that I had problems crossing the border around 6 months ago because I was planning to spend 4 months living with my (at the time) boyfriend under a visitors visa. I though I was alowed to be in USA as long as my I94 did not expired and I tried to cross the border with my things to be there for a time but of course US Border did not let me in and I was "authorized to withdrawal" my application to get in to the country. My visitor visa was never cancelled and after a couple of months I proved ties to Canada - where I live as a Permanent Resident - and was allowed to enter USA as a visitor but with a note in my passport that I would not be allowed to change my status in case I got married. Well, at that first visit I entered and came back to Canada, but this last time I entered and actually got married under the circumstances above explained. Can I still apply for a change of status anyway? Do I risk to be deported? Are they going to consider it to be immigration fraud because I was already engaged? I never stayed illegaly in USA and I have been visiting here since I was 14yrs old...

[PraetorianXI]

They will probably accuse you of fraud. If I were you and I would go back home and apply for a K-3 visa. This case is already risky. If you had waited 90 days before getting married and applied for AOS you "may" have been safe.

[EDNA1]

So, if the circumstances were the same but instead of getting married within 30 days I would have had get married after 90 days I would be ok? But then my I94 would have expired! I though if I applied for a change of status before my I94 had expired it would be better....I guess I was wrong!

[EDNA1]

I guess I also forgot to thank you! I have been so worry that I dream about immigration issues every night! lol I might try to leave back to Canada and apply for the K3, I posted another question about time frames. I just hope I can be back in US permanently and with my family (husband) soon enough

[Joann]

Apply for your change of status while you are here. If you go back home you risk not getting anything at all. I got here as a visitor got married to my long time bf and within 11 months i got everything. I think what really matters is that the marriage is genuine.

[PraetorianXI]

Apply for your change of status while you are here. If you go back home you risk not getting anything at all. I got here as a visitor got married to my long time bf and within 11 months i got everything. I think what really matters is that the marriage is genuine.

Every situation is different. You should not advise based on (1) one case.

[christera22]

I agree to PraetorianXI .He is quite knowledgable in this regards.Your second entry is fine.BUt as u said on the 1st entry there was a no AOS/COS/EOS stamp on i-94.It may look that u didnt marry the 1st time as there was that stamp and now another red flag thing is getting married within 30 days of entry. Let me say u my case :

My hubby has been here once for 2 months to meet me and do some coordination with the graphics he was doing online for my book.( he didnt have any No AOS/EOS/COS stamp at POE ) . Originally we were getting ready for a K1 visa. He went away even though he had 3 months visa.He came here this time to help me in publishing my book, to meet my publisher and attend some fairs and we were getting ready to file the K1 while he is here.We were romantically involved from before his 1st visit and we met in a match site and dated online for over a year. But this time after living for 3 months we decided to marry and not to stay apart for long, as we found out from a website that he can adjust status living here only. And we got married just before his I-94 expired...almost after 84 days of entry. So its easily proovable that there was no intention to marry.

They may ask you the perpose of your 2nd visit...... as my hubby had a perpose apart from meeting me 2nd time.As you know for filing K1 showing one physical visit is enough.

So you have to prove that you had no intention to marry....anyhow ...may be through your chat or email records that may show you were gwtting ready for K1 & had intentions to go back this time & not marry & that the marriage was decided after coming here.We have lots of proof to show to proof that ( one small example , my hubbys engagement ring was purchased just before the marriage after staying 84 days here.)

So its upto you whether you shd stay here and file AOS or go back & file K3.You can consult some lawyer here in USa too if u feel like.

Hope this helps ...feel free to ask ...this forum is to help you with individual experience and knowledge. Thanks !!