Patty,
This is the posting that I was working on during my free time after reading your concerns on another thread. I am going to post it here than on another thread so that everything could stay in one place.
I've read all the postings on that thread and am aware of your concerns too. I am also fully aware of Cherr's situation as Cherr and I had a long discussion about her situation a long time ago. I don't wish you to stress out by my information/opinion; rather I believe that it would be better for you to know all the cards on the table. I can also give you a positive and encouraging uplifting, but tell me what is more important to you-a positive and encouraging uplifting or an accurate information?
I’m sure you know that every adjudication officer is different and individual. It's same like you and I are different. Some officers are easy-going than others. Some use their discretionary authority to override a situation/problem, while others don't. Some follow everything (even little-little things) by the rules, while others don't mind bending rules sometimes. Some approve the application right on the spot, while others want their supervisor to approve it so that they could clean their hands off. Some officers take their job seriously, while others don't; otherwise Mohammad Atta (the leader of 9/11 terrorists) had not received an approval on his student visa application after the six months of his death. I mean, even a 7 yrs old child knew who was Mohammad Atta after 9/11 incident but obviously some USCIS officers didn’t when they approved his student visa application after 6 months of his death.
Having said all this, you cannot expect the outcome of your case with other people's outcome. And it could also be possible that you will not be asked anything (not even a single document to prove the bonafide of your marriage). But then just ask yourself seriously that can you take a chance to ruin your immigration life in this country for good without being knowing EVERYTHING on how to protect yourself first? I mean, what would happen if you would get interviewed by an officer who might be having a bad day on the day of your interview or who would be very serious about his job? Do you honestly think officer then let you go that easily as if there is nothing wrong on this ‘pre-intent’ issue?
I'm not here to scare you off, nor I'm here to give you a misleading information. Rather, I am here to give you a right and correct information even though it might seem scary at times. Besides, I better give you a right and accurate information than being an encouraging buddy. There is nothing wrong being an encouraging buddy but at the same time you should also know what COULD happen if something would go wrong. Further, it is my nature to protect people from any worse future happening.
You may talk and ask opinions from thousands of people over this board and other immigration boards as well about your situation. You may also choose to talk with many experienced and reputed immigration attorneys. But in the end of the day-nobody is going to give you a guarantee for everything to be okay in your case. I am not saying that you should not listen to other people, nor I'm saying that they are wrong. Rather all I'm saying is that you should do EVERYTHING to protect your interests, one way or another. Keep all the eggs in your basket so that INS cannot have anything on you to deny your case.
There are some facts in your case which are different than other people’s cases who came here on B-2 visa and were able to adjust their status successfully without any problem. Even though mostly people did not have any problem in adjusting their status despite of being previously engaged or being in a relationship with their spouse before arriving here on B-2 visa, that doesn't mean that it would be okay in your case as well. I mean, just because adjudication officers did not pay that much attention to this crucial fact in other people’s cases, that doesn't mean that the adjudication officer wouldn't pay any attention to this fact in your case as well. Can you (or anyone else for that matter) say anything for sure on this?
You have to understand that every person claims that s/he had no immigrant intention when they obtained and arrived here on a non-immigrant visa, but then 79% of them miraculously changed their mind after some time later of their arrival. Don’t you think its strange? I am not saying that you are one of them, rather all I’m saying of how USCIS think about this issue in general. Show me just one person who has openly admitted that s/he arrived here with immigrant intent. So, your argument with INS (even with federal courts on appeal) won’t sustain.
You have said that you had the intent of going back to your country after your trip to the US because you had job lined up there, but the fact is-you did not go despite of that. Plus, B-2 visa is issued after knowing that person has some ties with their home country as a reason to return back. So, telling to INS that you had this and that won’t do nothing. Why? Because that’s why you were issued a B-2 visa at first place because consular officer determined that you had strong ties in Germany to return back there after a trip to US even though US Consulate did not ask you anything on this.
Secondly, the fact still remains the same that you did not go back despite of being having all those strong ties. So, the argument of having this and that in Germany at that time as to a reason to prove your intention otherwise won’t do any good when you have already proven otherwise after filing AOS which proves that those ties were not strong enough for you to going back.
Someone has provided you a link in another thread to tell you that it should not be a problem in your case. This is the link-
http://www.britsintheus.com/marriednhappy/timeline-aos.htm.
Just want you to know that this a very old case, and I personally know this couple as I helped them at one time on another site.
You should also know that a determination of pre-intent is made based upon putting together all the circumstantial evidences on the record than reading someone’s mind. Of course, every immigrant would deny about having any pre-intention to migrate here, then why INS has denied so many cases so far on this ground?
My best friend’s mom was denied a green card under this ground and she is facing a lifetime bar because of misrepresenting to US govt. There is a waiver available to overcome this bar, but the immigrant must have to have a spouse or parent who is either a US citizen or a LPR. Her parents died a long time ago and her husband has died too. And she cannot get waiver based upon children, so she is alone by herself in Sweden while all of her children are here. She cannot even come here on a tourist visa or by using Visa Waiver privilege being a Swedish citizen because of this bar. Of course, she could file a waiver (forgiveness) if she gets married with someone from here, but she doesn’t want to marry someone just for a green card. Anyway, I just wanted you to know that people do get denial on this ground as I know so many of them. It all depends upon the adjudication officer. Some officers try to find even a little-little ground to deny an application.
You have said that you did not tell about your boyfriend when you applied for a visa and they did not ask you about him either, but you could have mentioned about him in your application for a visa as application for nonimmigrant visa does ask if you have any friend or someone else in the US and whom you are traveling with and etc. No need me mention that you traveled with him when you came here. As a matter of fact, someone has provided a link in another thread which contains the same information about pre-intent that I've provided. I think this is the link-
http://www.usaimmigrationattorney.com/touristvisa.html
There is nothing wrong to be an "item" and living together prior to coming here on a B-2 visa, but in your case-facts prove that your were more than an "item". Thus, your argument won’t sustain that you were just in a relationship other than being engaged or something more than that because living together for ONE FULL YEAR (aside from knowing each other for 2 yrs) and then following with the person to US together when he had to leave the Germany and then marrying with him here (than marrying in Germany) then all these facts could be used by INS to make a strong case against you about having pre-intent in your part.
If you withdraw your application or if your application gets denied, you will be out of status immediately and would be subjected to detention if INS ever catch you. After the denial or withdrawing of AOS, you will start accumulating the illegal period from the time when your I-94 was expired despite of previously filed AOS.
There is no need to withdraw your application. I personally don’t think that your application will be denied. Why? Then there are many reasons for that. First, adjudication officers don’t spend so much time in a case as they really have no time. That’s why they wrap up a case within 10-20 minutes by asking some information here and there very quickly. So obviously, they won’t go thru every single information piece by piece in your case to pull the hair, especially the information on the form G-325A.
And even if officer would notice on G-325A that you guys lived together in Germany, then you should say that he was just renting your father’s place where you lived too. You don’t have to say that you guys actually “lived together”.
About your relationship history with him, then you could say that you were seeing him but nothing was serious. Tell them that otherwise you had already married with him in Germany or could have come over here on a Visa Waiver privilege and could have gotten married here quickly than waiting for 5 months after the arrival. I am telling you all this just to prepare you for a worst scenairo in case you get a toughy officer who might get interested in knowing more about this before starting a big mess in your case. The key point is-don’t admit that you were serious in a relationship with him before arriving here on B-2.
Again, it is my view that people should know all the pros and cons than only pros. That's why I explained about this pre-intent issue, which adjudication officers look for most to deny a AOS. Just because people have not heard about those denial, doesn't mean those denial don't exist. Ask to any experienced immigration attorney to know about those denial. Again, I can also give you a positive and encouraging uplifting but I am not here for those; rather I'm here to give an accurate and correct information that I know.
I hope all this helps.
