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This is who we're trying to keep out. And lest you think that this sort of thing is a one off occurrence, here's another story with similar facts.

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11 comments

#9

Guest commented

06-02-2008, 09:16 AM

Editing a comment
He was probably waiting for a K visa before he came to apply for AOS. Based on the number of times his "work authorization" was mentioned, his AOS is being denied.

Technically, his K admission should have been denied, too, they just did not ask about controlled substances. That happens all the time - read the second article. I bet Amy Winehouse did not come the awards because her lawyers told her she would likely be denied admission even though her visa was approved.
#10

Guest commented

06-02-2008, 09:18 AM

Editing a comment
Nony, ok, now I understand your question. In fact, marrying in the US would not have helped them - the grounds of admissibility are checked when someone crosses the border AND when someone applies for adjustment of status. So, no way around it.
#11

Guest commented

06-02-2008, 12:40 PM

Editing a comment
Ah, thanks L&NLW.

Yeah, I couldn't figure out why they hadn't gone for a K-Visa and married in the US, as the news report was pretty sketchy on background details.

The way I understood the K-Visa to work is that the US Citizen files the petition and then the Fiancee is able to come to the US around three to six months later, with the requirement of the two being married within three months of entering.

But if you believe they probably denied him the K-Visa on the same grounds (namely, the history of drug abuse, no matter how long ago) and they got married in Canada with the intent for him to move to the US two years after, that makes sense.

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