I-485 questions--2-3 months total?

[kmike 0]

A little background. I just married my wife here in Arizona, she is a Mexican citizen with a tourist visa to enter the US. I'm an American.

We decided that she will come live here and immediately file for the AOS.

After some research online, and I also found a place locally that helps with preparing the documents to file an AOS. They are telling me that this is the easiest and fastest way for her to get her visa to live here legally and get permission to work etc.

They are claiming it only takes 2-4 months once we file all the papers for the AOS until a final interview. They also said it would only be around 2 months until she can legally work here in the US. I'm a bit skeptical. Does that sound possible?

Edited July 15, 2008 by kmike

[payxibka 10,045]

Did she cross the border with the intention to get married and STAY?

If she is here and will stay, she does not need a visa.

If her intention at the crossing was without intent to stay and you do file the I-130, I-485 and I-765... The I-765 (work authorization) could possibly be approved in 2-4 mos. Green card could take some mos. longer.

[YuAndDan 153]

Depends on work load at your local field office, it can be a few months to well over a year.

Look up I-485 preprocessing time at your field office here: https://egov.uscis.gov/cris/jsps/ptimes.jsp

Note since you did not use a K-Visa you WILL get interviewed, and they may question intent when using a visitor's visa instead of a proper K-1 visa to enter the USA for marriage.

[kmike 0]

Well she is still in Mexico but we are now married, and wants to come live with me. She has her tourist visa and I either visit her or she visits me on the weekends. Our plan is that she just stay and file the necessary papers to start the AOS process. I'm not sure if this is the best route, or if a K3 visa and her living in MX until then, is a better way to go.

[payxibka 10,045]

Well she is still in Mexico but we are now married, and wants to come live with me. She has her tourist visa and I either visit her or she visits me on the weekends. Our plan is that she just stay and file the necessary papers to start the AOS process. I'm not sure if this is the best route, or if a K3 visa and her living in MX until then, is a better way to go.

You will be on shaky ground... Since entry will have occurred after then marriage. Beware! What you are proposing will at best be bordering visa fraud as I understand it.

[kmike 0]

Well she is still in Mexico but we are now married, and wants to come live with me. She has her tourist visa and I either visit her or she visits me on the weekends. Our plan is that she just stay and file the necessary papers to start the AOS process. I'm not sure if this is the best route, or if a K3 visa and her living in MX until then, is a better way to go.

You will be on shaky ground... Since entry will have occurred after then marriage. Beware! What you are proposing will at best be bordering visa fraud as I understand it.

Thats what I'm really afraid of, and wondering if we should go the K3 route just to avoid them thinking its a fraud.

I need to add, that we were married in the USA if that makes a difference.

The people at the document preparer assure me that we can even wait a few months till we file the I-485. Its only been 3 weeks since we were married. Will it still run that risk if we file the papers asap, even though she returned to MX after the wedding?

I am wanting to file them ASAP if we go this route. My wife is wanting to wait a few months so she can take care of some loose ends before she moves. I'm scared the longer we wait the more risk we have of being denied. I'm a little confused of what to do.

Edited July 15, 2008 by kmike

[payxibka 10,045]

Well she is still in Mexico but we are now married, and wants to come live with me. She has her tourist visa and I either visit her or she visits me on the weekends. Our plan is that she just stay and file the necessary papers to start the AOS process. I'm not sure if this is the best route, or if a K3 visa and her living in MX until then, is a better way to go.

You will be on shaky ground... Since entry will have occurred after then marriage. Beware! What you are proposing will at best be bordering visa fraud as I understand it.

Thats what I'm really afraid of, and wondering if we should go the K3 route just to avoid them thinking its a fraud.

I need to add, that we were married in the USA if that makes a difference.

The people at the document preparer assure me that we can even wait a few months till we file the I-485. Its only been 3 weeks since we were married. Will it still run that risk if we file the papers asap, even though she returned to MX after the wedding?

I am wanting to file them ASAP if we go this route. My wife is wanting to wait a few months so she can take care of some loose ends before she moves. I'm scared the longer we wait the more risk we have of being denied. I'm a little confused of what to do.

What will she say as the purpose of her visit the next time she tries to enter? To visit my husband? To go live permanently with my husband? If so be prepared for a denial of entry.

[kmike 0]

Well, entering the US isn't the problem. She crosses the border a few times a week. Usually they ask where she is going, but rarely do they ask what for or for how long etc. Sometimes they just look at her visa and tell her to pass.

Do you feel that the K3 route is a more reliable route for our situation?

thanks

[payxibka 10,045]

Well, entering the US isn't the problem. She crosses the border a few times a week. Usually they ask where she is going, but rarely do they ask what for or for how long etc. Sometimes they just look at her visa and tell her to pass.

Do you feel that the K3 route is a more reliable route for our situation?

thanks

Technically that or the CR-1 visa is the proper one

[Cécy 44]

If she is not yet in the US then do not have her come with nothing and file directly that is visa fraud.

Either she tells the truth at the border and she will be refused entry or she lies and that is never a good thing.

If she was already in the US it would be a different thing.

In your case I would advise filing for a K3 or CR1.

Look at the guides: http://www.visajourney.com/forums/index.ph...amp;page=guides