1-130 Processing times

I've just checked the USCIS Web and the approx times for 1-130 based on K-3 looks to be about 8 months. I thought it would be sooner based on the info I have read here? I have called an Immigration attourney and he advised me that once I'm married I can stay in the US while I file papers however I could not have had the "intention" of staying when I entered. I'm assuming I can stay up to 6 months but if it's taking this long can I file for an extension on my non immigrant stay? They said it may be approved as long as I have filed beofre My stay has not been expired. I would assume that means my 6 months. Please advise

This is dodgy advice, I've heard it before. What he's saying is that you enter as a regular B-2 visitor, get married, and then apply for adjustment of status so the visa never comes into it. Once you've filed a valid AOS you can stay while it is processed.

The snag with this is the bit about your "intention" when you entered. Because they will ask you at the interview why you entered as a visitor when you had the intention of marrying and staying in the US. So you either have to lie at the POE or lie at the interview. I'm sure there are cases where people do visit the US and while they're there they just happen to meet someone or decide "now is the time" to marry their US boyfriend/girlfriend (which they hadn't decided to do when the person entered the US) but it's not exactly kosher to do it this way.

If you're already married to an American I suppose the argument is: "well we were just visiting his/her parents but we changed our minds and decided to stay" or something like that.

It is actually cheaper to do the I-130 though because you don't have to adjust status as were talking about in the other thread.

Well, What I really want to do is get married in September. Then come back home for a month or so that way I can put all of my household belongings into storage. I would then come back to the US to "Visit" then oops! Stay and file what your saying the AOS? SO i DON'T NEED TO FILE A K3? I would then have "proof" at the interview that I didn't plan on staying cause all of my stuff is in storage in Canada. I could say I called my family to move it out of my apartment when I decided I didn't want to come back. How long does the AOS take? Would I get it before my 6 month "visitor" Visa is up? Or once I apply for my AOS I can stay as long as I want unitl it is approuved?

And one more thing please. If I'm there and we file for the AOS.does he still need to have the affidavid of support?

Yes, you still need to do the I-864. You don't really need to do an AOS from the sounds of it, he can just file an I-130. Takes about 7-9 months to get approval but you're allowed to visit while the petition is pending. Plus it's cheaper.

I can't really recommend you do the AOS as a visitor, it's a dicey thing to do, because technically you are lying about your reason for entering and if USCIS think you are that can cause problems. That's not to say people don't do it which is why immigration consultants mention it.

What you're planning to do is quite illegal, and could result in denial of your adjustment, deportation, and being banned from the US for life.

Exactly, which is why I can't understand why immigration consultants constantly mention it, haven't they heard about 9/11, the Patriot Act and the WHTI? The world has changed, at least as far as the US is concerned.

As if to prove my point: http://www.thestar.com/News/Canada/article/485280

Just a reminder. If you're going jet skiing or swimming toward the border and think there's a chance you May get sucked up into a whirlpool and nearly drown, make sure you have ID with you!

And make sure the ID doesn't get sucked into the whirlpool before you wash up on shore