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View Full Version : kitkat, can we discuss this more..?


jolantarenee
04-06-2008, 09:56 PM
http://immigrate2us.net/forum/showthread.php?t=12404&page=2
Quoting kitkat
"Perhaps he was thinking that you would attempt to adjust your status in the US because you entered on a valid visa and you are married to a USC. In this situation, overstays on legal entries are forgiven via the relationship with the USC. At this point, you are most likely facing charges of misrepresentation (at least one, maybe two due to your B visa situation) as well as illegal presence. Do you have a new lawyer?"
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kitkat, I assume this was your answer to my most recent lawyer consultation, you know the one that told "go shopping to Buffalo", he said enter US and AOS there. I do see a point that you and maybe his was making, enter on a valid visa and adjust. However,when they ask me at the border about the purpose of my trip I can't lie. Are you allowed to do it - go as a visitor and AOS? I am just thinking if I say I am going to see my husband I won't be allowed into the country, and if I say I am going for visit that wouldn't completelly true, so there might me another fraud. Please, help!

jolantarenee
04-06-2008, 10:02 PM
I am sorry, I did not write your name properly, it's kitkat1..Hope you'll forgive me:)

Marie
04-06-2008, 10:06 PM
You are not allowed to enter the US on a tourist visa with the intent to stay.
Some people have entered on a tourist visa and gotten married but never planned to when they entered. Those people are allowed to remain and adjust.

For example, I entered on the Visa Waiver Program but never had planned to stay in the US but I did. We got married, I stayed and my status got adjusted.

I think that's what Kitkat was trying to explain.

The thing is that you have to prove you never planned on staying. Since you're already married, that might be difficult. Odds are that if you tell them you are here to visit your husband, they won't let you in because they think you're going to stay and not leave.

jolantarenee
04-06-2008, 10:10 PM
Shoot! That's what I suspected. Thank you, Marie. Well, I am stuck here for couple years then:(