Just a quick question about my situation...

[mischief 0]

Hi. I just wanted to make sure of something before I file my paperwork.

Me (a US born citizen) and my wife (a Taiwan born citizen) got married back in Aug 2012 in the US. We were going to start filing the paperwork, but she read someplace online that she would have it processed faster if she did the paperwork in Taiwan. In December, we both flew to Taiwan, and come to find out that they changed the process and it would take longer if we filed it from here.

As I understand it, when we were in the US and we got married, I would have applied for an Adjustment of Status to have her tourist status changed, and also applied for her to be able to freely travel and come back into the US, but since she left the US, she is not able to return on the same valid tourist visa to start the paperwork process in the US, correct?

Basically, I'm asking if we fly back to the US, would we be able to still start the paperwork process legally, or will she run into problems?

[Kastrs 723]

you must now file the paperwork to complete a CR1 visa, please reference the guides for more information on this process

the filing will be done while your wife is in Taiwan

[JohnR! 5,495]

As I understand it, when we were in the US and we got married, I would have applied for an Adjustment of Status to have her tourist status changed, and also applied for her to be able to freely travel and come back into the US, but since she left the US, she is not able to return on the same valid tourist visa to start the paperwork process in the US, correct?

Basically, I'm asking if we fly back to the US, would we be able to still start the paperwork process legally, or will she run into problems?

In principle you could fly back to the US, file for her papers and she could stay here for as long as the CBP office would allow her in the I-94. However, she may have trouble being allowed into the country for the CBP officer may suspect she is entering the country with the intention to stay and adjust her status, which in and of itself is considered immigration fraud.

So, it would be OK for her to enter the US, as a tourist, to visit while her visa application is processed. There will be a point at which she will have to return to Taiwan at the end of her I-94 or at a point where she will need to prepare her paperwork in that country to present to the US consulate as part of the CR-1 visa.

Good luck!

[mischief 0]

In principle you could fly back to the US, file for her papers and she could stay here for as long as the CBP office would allow her in the I-94. However, she may have trouble being allowed into the country for the CBP officer may suspect she is entering the country with the intention to stay and adjust her status, which in and of itself is considered immigration fraud.

So, it would be OK for her to enter the US, as a tourist, to visit while her visa application is processed. There will be a point at which she will have to return to Taiwan at the end of her I-94 or at a point where she will need to prepare her paperwork in that country to present to the US consulate as part of the CR-1 visa.

Good luck!

Ok, this was a perfect explanation. I already kinda knew we messed up by leaving the US without filing the paperwork first. It just would have been easier on us if we could just fly back and start the process lol. She already is planning on flying back with me to visit while the paperwork is being processed. Now we'll need to fly back to Taiwan 6 mos later to do the interview stuff.

Thank you guys so much for the explanations.