What should I do????

[almosthome22 0]

I recently got married to my wife and we are looking forward to our life together. She has lived with me in the US for a couple of years now, always being careful not to overstay the visa. We're almost free of her having to return to her country every couple of months I was thinking about doing the AOS process, but I read that they would give us a hard time because she stayed with me for so long. So, reluctantly, we are considering the CR-1. Now, my question is will we have anything to worry about because she married me on the visitor visa and we lived together here in the US for a couple of years before that? I'm sooo afraid that if I let her leave the country she might not come back. I just want to know what to expect if we do end up going that route, whether it's a smooth process or a process likely to end in failure. Any advice????

[patita 0]

what kind of visa she had?

I wouldnt let her go... adjust the status from the US - this is what i would do. i think its the fastest way to do this!

if i am wrong please someone correct me

[karachiite 4]

I recently got married to my wife and we are looking forward to our life together. She has lived with me in the US for a couple of years now, always being careful not to overstay the visa. We're almost free of her having to return to her country every couple of months I was thinking about doing the AOS process, but I read that they would give us a hard time because she stayed with me for so long. So, reluctantly, we are considering the CR-1. Now, my question is will we have anything to worry about because she married me on the visitor visa and we lived together here in the US for a couple of years before that? I'm sooo afraid that if I let her leave the country she might not come back. I just want to know what to expect if we do end up going that route, whether it's a smooth process or a process likely to end in failure. Any advice????

I got married to my husband when I was in USA for only 3 months on student visa.My husband was only green card holder for 15 yrs at that time,never bothered to file for citizenship before I needed him to become citizen,anyways we opted for Adustment of status ,it took three yrs for me to get green card because I was the spouse of LPR not citizen ,but I wasn`t seperated from my husband for a single day,and at the end it worked out well,I didnot get conditional green card,cuz I wasalready living with my husband for 3 yrs and immigration process see that as our marriage was not fake,and then I filed for citizenship only after 3 yrs instead of 5 yrs,cuz I was married to him already for 5 yrs ,at the time of filing of my citizenship,I would suggest AOS to everybody whose spouse once enter the USA should not go back for painful process of seperation.

[Penguin_ie 5,997]

If she has never overstayed her current visa, she won't have a problem getting the CR-1 spousal visa; in fact, it will show that she has always followed the rules.

If your wife is currently in the USA, and had no plans to immigrate when she last entered legally, then she can just do AOS. However, the burden would be on you to proof that she had no intention to immigrate (because if she did, that would be visa fraud and could lead to deportation and a lifetime ban), and with a US husband and having travelled here many times before, that might be difficult unless you have much proof she intended to return (lease on a home, kids in foreign country, employer there willing to say she was due to return on X date etc). So, I'd recommend the spousal visa.

Edited April 2, 2009 by Penguin_ie