Very confused. :|

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Very confused. :|

Postby Skuldpower18 on Sat Oct 25, 2008 8:48 am

I've posted here before.but since then, maybe things have occurred.

My family life is horrid, and being that I live in one the highest cost cities, moving out on my own isn't an option. As well my family isn't really a ''family'' so I have no where to turn to.

I have an American boyfriend who is currently serving in the US army, and chances are high that he will be deployed this March. I will probably be visiting him in December just before he leaves.

What happens if I don't want to go back home? I've gone on several occasions always dreading the fact that I'd be returning home but I've always gone back.

I've heard of people that get ''spontaneously'' married and then the spouse says in the country while they file for everything. Does anybody have any information about that?

His family is the most supportive people I've ever known, and they've even offered me a place to stay. However, it's not that simple due to the paperwork.

The only VISA I am eligible for is the B-2 VISA (which would be considered fraud if we married and I wanted to stay, wouldn't it?) and the K-1 fiance VISA but I don't have that time. What should I do?

Should I just go visit him in December and ''spontaneously'' get married and stay. Or what would be a better course of action? If we do marry and they tell me I have to go back, would I be banned from the country for any amount of time? And if I do stay, should we hire a lawyer to help us with the process?

I've no idea what to do. =/
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Postby Reba on Sat Oct 25, 2008 11:01 am

Considering you're already talking about going to visit and "spontaneously" getting married, its not at all spontaneous is it? And would be considered fraud, your adjustment of status could likely be refused and you'd be deported post haste.

check out http://www.visajourney.com for info on marriage based immigration to the US. Loads of info there about all your options.

I seriously would NOT suggest you go and get married and stay to adjust, considering your intent to do upon entry would be considered fraudulent entry as a visitor status.
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Postby Skuldpower18 on Sat Oct 25, 2008 11:06 am

I've just heard of a lot of people doing it, like, they didn't quit their jobs or moved anything. I've heard things like people play dumb, etcetc, I know it's not a good idea though.

I'm just impatient. Haha.
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Postby Steven on Sat Oct 25, 2008 7:31 pm

People do do it, people have posted on here who have done it and I know people who have done it, i.e. entered as a visitor then just filed an I-485 after they got married. However you are then at the mercy of getting called for an interview and getting a jobsworth immigration guy who will think you lied when you entered as a visitor which will obviously cause you a big problem.

Usually doesn't happen but "usually" doesn't mean it won't, which is why it's bad advice to suggest doing it this way. If you do a K-1, K-3 or he files an I-130 then you won't have a problem.
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Postby Reba on Sun Oct 26, 2008 5:12 am

If you go to the US as a visitor with intent to get married and stay to adjust status, and then if your adjustment application is denied, you have NO option to appeal. None, nada, zip, zilch. You are immediately deported and banned from re-entry.

However, if you enter the US, get married, and then LEAVE, so your spouse can petition for a spousal visa, then it'll be over and done with in a year (give or take a month or 2) and you can live happily ever after.

Why risk being deported and banned?
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Postby Steven on Sun Oct 26, 2008 10:25 am

Anyway, Calgary is not an expensive place to live imo. Never understand where that comes from, I know realty and rent prices spiked over the last couple of years but that is over now, city council is buying condo blocks downtown to house the homeless. We have the cheapest gas in Canada, no PST, natural gas is subsidised during the winter, lowest income taxes (except maybe BC at the lower end), nationalised health care etc. Can't think of any major US city that would be significantly cheaper, unless you want to live somewhere that is going downhill like Cleveland.

Personally I wouldn't volunteer to pay US income taxes for the next few years either. I'd await to see whether the "hype we can believe in" pans out. I'm guessing not, with $10 trillion of debt, collapsing infrastructure, soaring healthcare costs, devastated housing market, etc.

I have to say I find it highly ironic that the US Congress has a lower approval rating than Bush does, yet apparently a member of that Congress is apparently popular enough to get elected President and sort it all out. Hmm.
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