new member-input and answers plz

[Kathryn41 3,205]

Just to clarify - if she is already in the States and you decide to get married when she is here, she is allowed to stay and adjust status. If, however, she returns to Mexico and then re-enters the US with the intention of getting married and remaining in the US to adjust status, that is not allowed and is considered 'visa fraud' - using a visitor visa to immigrate. You could still get married, but she would not be allowed to remain in the US to adjust status.

So, your options are:

a) entering the US without the intention of getting married on that visit, getting married, staying in the US and applying for AOS - and NOT leaving the US until she has either her green card or special travel permission called 'advance parole'. You are looking probably at a minimum of 2 months or longer with her not being able to return to Mexico even to visit. If she does return to Mexico it basically cancels out the AOS and you have to start all over again with a CR-1 visa. You would start this process by jointly filing the I-130 petition and the I-485 application to Adjust status.

b) entering the US with the intention of getting married on that visit, but not intending to stay in the US and apply for AOS. You would then start the process for the CR-1 visa by submitting an I-130 petition. When that is approved she will receive an invitation to apply for a Spousal visa and it will be processed through Mexico. When it is completed she will enter the US and receive a green card. You can continue to visit during this process as long as she is able to provide evidence of strong ties that require her to return afterwards to Mexico.

c) applying for a Fiancee visa by submitting an I-129f petition. She would continue to reside in Mexico and visit the US ( as long as she is able to provide evidence of strong ties that require her to return to Mexico after her visits). When the I-129f is approved, she will receive an invitation to apply for a K-1 visa and the process again moves to Mexico. When it is approved she would receive the K-1 visa which is good for a one time entry to the US and would have to get married within 90 days. Then she would have to file for the AOS - and once again would not be able to visit Mexico until she receives either the green card or her Advance Parole without forfeiting the AOS and having to start all over again with the CR-1.

The requirements you and she need to present for all three processes are virtually the same, but they are presented at different times during the process. There are interviews required for all three processes as well.

As you are in the military, if you are facing a deployment you have the option to request an expedited process. You would include a request for expedition and copies of your deployment orders.

There is a lot of useful information in the Guides at the top of the page which you should read over, along with reading the actual applications and petitions involved. Good luck.

Edited February 27, 2010 by Kathryn41

[UNKNOWN 0]

Just to clarify - if she is already in the States and you decide to get married when she is here, she is allowed to stay and adjust status. If, however, she returns to Mexico and then re-enters the US with the intention of getting married and remaining in the US to adjust status, that is not allowed and is considered 'visa fraud' - using a visitor visa to immigrate. You could still get married, but she would not be allowed to remain in the US to adjust status.

So, your options are:

a) entering the US without the intention of getting married on that visit, getting married, staying in the US and applying for AOS - and NOT leaving the US until she has either her green card or special travel permission called 'advance parole'. You are looking probably at a minimum of 2 months or longer with her not being able to return to Mexico even to visit. If she does return to Mexico it basically cancels out the AOS and you have to start all over again with a CR-1 visa. You would start this process by jointly filing the I-130 petition and the I-485 application to Adjust status.

b) entering the US with the intention of getting married on that visit, but not intending to stay in the US and apply for AOS. You would then start the process for the CR-1 visa by submitting an I-130 petition. When that is approved she will receive an invitation to apply for a Spousal visa and it will be processed through Mexico. When it is completed she will enter the US and receive a green card. You can continue to visit during this process as long as she is able to provide evidence of strong ties that require her to return afterwards to Mexico.

c) applying for a Fiancee visa by submitting an I-129f petition. She would continue to reside in Mexico and visit the US ( as long as she is able to provide evidence of strong ties that require her to return to Mexico after her visits). When the I-129f is approved, she will receive an invitation to apply for a K-1 visa and the process again moves to Mexico. When it is approved she would receive the K-1 visa which is good for a one time entry to the US and would have to get married within 90 days. Then she would have to file for the AOS - and once again would not be able to visit Mexico until she receives either the green card or her Advance Parole without forfeiting the AOS and having to start all over again with the CR-1.

The requirements you and she need to present for all three processes are virtually the same, but they are presented at different times during the process. There are interviews required for all three processes as well.

As you are in the military, if you are facing a deployment you have the option to request an expedited process. You would include a request for expedition and copies of your deployment orders.

There is a lot of useful information in the Guides at the top of the page which you should read over, along with reading the actual applications and petitions involved. Good luck.

On your option "A"... Do I need to get married in that time? (within those few days she can be here at a time) Or as long as she over stays and doesn't go back to Mexico?

It's not a problem if she cant go back to Mexico for a a couple months or a year, she doesn't care.

[VanessaTony 3,567]

On your option "A"... Do I need to get married in that time? (within those few days she can be here at a time) Or as long as she over stays and doesn't go back to Mexico?

It's not a problem if she cant go back to Mexico for a a couple months or a year, she doesn't care.

No you don't have to get married "in that time" you can get married during her "oversay" BUT she is overstaying. It's just when you get married and AOS that it's forgiven. As soon as you apply for AOS the overstay clock "pauses" so if you apply for AOS ASAP then it's good and she won't have got enough overstay days to get a ban AND as soon as she gets the notice that the AOS is being processed and the receipt (called NOA1) then you have something official that says she's trying to be official so she can't be booted out (she can still get detained and asked qns if caught but she has applied for AOS so they can't deport her.. so it's best to stay away from borders and public transport).

Always remember that if she overstays for 180 days but less than a year it's a 3 year ban. If it's over a year then it's a 10 year ban (you can apply for waivers though) so the sooner you apply for AOS the better. Plus she'll get her greencard sooner and be able to work. With AOS you can also apply for an EAD so if the greencard takes a while to come she can work with the EAD and an SSN (does she have an SSN?? She'll be able to get one when she has her EAD if she doesn't already).

Edited February 27, 2010 by Vanessa&Tony

[Kathryn41 3,205]

On your option "A"... Do I need to get married in that time? (within those few days she can be here at a time) Or as long as she over stays and doesn't go back to Mexico?

It's not a problem if she cant go back to Mexico for a a couple months or a year, she doesn't care.

If she is here now in the US and you decide to get married, she can stay and adjust status. If you do that, then she cannot leave the US and come back later expecting to adjust status from within the US. If you plan to get married but don't do it on this visit and she goes back to Mexico after her few days in the US, then she can't use option A. Option A is only a valid option if she is already in the US and had no intentions on getting married when she entered the US. When she has intentions of getting married and leaves the US, she needs to follow the appropriate route for an immigration visa.

If you get married and you decide to pursue option A, then it would depend on how long her authorized stay was in the US when she last entered to determine if she has an overstay or not between the time she should be leaving until you file for the AOS and it is receipted (not approved but receipt is acknowledged). When the AOS is received, she is no longer overstaying, but in a special category of 'authorized stay' and continues in that status until she receives a decision on the AOS application. If the decision is 'no', then the overstay starts again at that time. If the decision is yes, then any overstay is forgiven when she receives the green card. It is the time between getting married, filing for AOS and getting the green card that is sometimes 'murky'.

[spookyturtle 9,466]

What Vanessa and Tony is suggesting is the smart way to do it. If she has been illegal present in the US for more than 6 months, and goes back to Mexico, she will be subject to the 3 year ban and you will have to go thru the waiver process. If she has been illegally present for over 1 year, it's a 10 year bar and the waiver process. By illegal presence I mean that she has overstayed the time period allowed by her visa. If her entry was legal, you should be able to get married here and adjust status. If she has overstayed by 6 months or more, she will be subject to being banned if she leaves the US.

Two good lawyers to consult with are Heather Poole at http://www.humanrightsattorney.com/ and Laurel Scott at http://scottimmigration.net/. Laurel is most knowledgeable about filing thru Mexico.

Edited February 27, 2010 by spookyturtle

[UNKNOWN 0]

What Vanessa and Tony is suggesting is the smart way to do it. If she has been illegal present in the US for more than 6 months, and goes back to Mexico, she will be subject to the 3 year ban and you will have to go thru the waiver process. If she has been illegally present for over 1 year, it's a 10 year bar and the waiver process. By illegal presence I mean that she has overstayed the time period allowed by her visa. If her entry was legal, you should be able to get married here and adjust status. If she has overstayed by 6 months or more, she will be subject to being banned if she leaves the US.

Two good lawyers to consult with are Heather Poole at http://www.humanrightsattorney.com/ and Laurel Scott at http://scottimmigration.net/. Laurel is most knowledgeable about filing thru Mexico.

First, do the bans occur as soon as she reaches those time limits? or when she reaches the time limits AND LEAVES to Mexico?---So can we get married after she's overstayed 8 months for example???

And about her going to MEX after 6/12 months, is that if she EVER overstayed that time(Cuz i think she stayed 9 months before I knew her) or after we're married?

And... Can I simply ask those lawyers via email or do they charge just to answer a Q?

THX

[Lia792 5]

Hi UNKNOWN,

I agree with what the others are saying above, that you should weigh your options but it seems like AOS might be possible, although there is always the concern that the denial cannot be appealed. My big concern is what she is saying when she is crossing the border. If she has multiple entries on a non-immigrant visa where she is lying at the border saying she is not immigrating, then I see a possible misrepresentation issue as she has been living in the US for quite some time apparently. I know their background checks aren't very good, but one never knows. This is more of a question to those who know more than me about this sort of thing on this site. (?) Do any of you think the years of leaving and entering might be a problem? Are there any questions on the AOS forms that specifically address overstays? I know the I-130 doesn't ask for recent schools but I think there is some issue in putting a Mexican address on her last 5 addresses if she has been living in the US...Although I actually think she has kept herself in a pretty good situation because she was not EWI and has no recorded overstays.

Oh, um Laurel Scott has free consultations in a chat session, I think it's every Wednesday. I like to read the chat logs on www.smf.juarez-mexico.com. If you go to her website, you can find out about the times. I hear you have to arrive early if you want to ask a question.

[VanessaTony 3,567]

First, do the bans occur as soon as she reaches those time limits? or when she reaches the time limits AND LEAVES to Mexico?---So can we get married after she's overstayed 8 months for example???

And about her going to MEX after 6/12 months, is that if she EVER overstayed that time(Cuz i think she stayed 9 months before I knew her) or after we're married?

And... Can I simply ask those lawyers via email or do they charge just to answer a Q?

THX

As soon as she LEAVES the ban starts (unless she has a greencard after which time all overstay is forgiven). You can get married whenever you want BUT if you apply for AOS after she's overstayed say 180 days and her adjustment is denied (for whatever reason) then she will be forced to leave and the 3 year ban will start. That's why it's important to apply for AOS BEFORE 180 days of overstay so that the clock stops ticking and so if AOS is denied then she can go back to mexico and not have to wait to apply for a visitors visa until the ban period is over (because she doesn't GET a ban).

As Kathryn said, as she is in the US now, your best option would be to get married ASAP and AOS. If she decides to go home after you're married (or even now) and come back later to AOS she has entered with immigration intent which is illegal which is why if you're GOING to do it this way, you need to do it now and she cannot leave.

I do not advise her overstaying because you want to wait to get married. If you're not ready to get married then she should leave and apply for a K1 visa. it will take maybe 6 months (sometimes more, sometimes less) to be approved. She can visit during that time but will need to show strong ties to her home country. K1 is more expensive then the CR-1 one, and more expensive than AOS'ing while she's here now.

Depending on how detailed your qn is, some lawyers charge to answer qns. The person above me gave good advice re Laurel Scott's website

Edited February 27, 2010 by Vanessa&Tony

[Brother Hesekiel 2,236]

I do not want to add to the confusing posts. What strikes me is a possible history of misrepresentation, and that could be a deal breaker.

You mentioned that you met your fiancee in High School. You said she's in the USA with a B2 now. What you did not elaborate about is her previous visa status, but a B2 does not authorize the tourist to attend school, and a requirement for attending school is to be either a USC, LPR, or a non resident holding a student visa.

Obviously, once the student or her parents state to the school that the student is not a USC, the school would be required to see prove of the prospective student's legal status. To avoid that, many parents did, and still do, mark the field "US citizen" to avoid having to show such prove. If that happened after September 20, 1996, it's a misrepresentation on behalf of the applicant which carries a ban for life with no option of a waiver.

You might want to explore your fiancee's past in this regard before getting married and having to move to Mexico.

[UNKNOWN 0]

As soon as she LEAVES the ban starts (unless she has a greencard after which time all overstay is forgiven). You can get married whenever you want BUT if you apply for AOS after she's overstayed say 180 days and her adjustment is denied (for whatever reason) then she will be forced to leave and the 3 year ban will start. That's why it's important to apply for AOS BEFORE 180 days of overstay so that the clock stops ticking and so if AOS is denied then she can go back to mexico and not have to wait to apply for a visitors visa until the ban period is over (because she doesn't GET a ban).

As Kathryn said, as she is in the US now, your best option would be to get married ASAP and AOS. If she decides to go home after you're married (or even now) and come back later to AOS she has entered with immigration intent which is illegal which is why if you're GOING to do it this way, you need to do it now and she cannot leave.

I do not advise her overstaying because you want to wait to get married. If you're not ready to get married then she should leave and apply for a K1 visa. it will take maybe 6 months (sometimes more, sometimes less) to be approved. She can visit during that time but will need to show strong ties to her home country. K1 is more expensive then the CR-1 one, and more expensive than AOS'ing while she's here now.

Depending on how detailed your qn is, some lawyers charge to answer qns. The person above me gave good advice re Laurel Scott's website

WOW, thanks so much for everyone's input.

A questioned that hasn't been answered exactly...

How she has overstayed by 6+ months before(not on paper because they don't know when she leaves the states) and gone to high school here, will that mess things up?

I don't wanna lie.

THX

[VanessaTony 3,567]

WOW, thanks so much for everyone's input.

A questioned that hasn't been answered exactly...

How she has overstayed by 6+ months before(not on paper because they don't know when she leaves the states) and gone to high school here, will that mess things up?

I don't wanna lie.

THX

I remember reading once that overstay only begins after you're 18 years and 6 months old. Someone else might be able to help you out there, I think actually it was "Just Bob" who wrote that in someone else's thread a while back.

If in doubt, try and get on that website listed above to ask your question. Write down exactly how often your fiance has been in the US. You said high school, from when to when? etc so that when Laurel is able to answer your questions she is fully informed. Also look around for solicitors that might be able to answer your questions in person for a small fee. The issue there is they might tell you your case is difficult just to get money out of you so just be careful.

When did the 6+ month overstay occur? Does she sign anything when she enters? How does she enter and how does she leave if they don't know WHEN she leaves?

Edited February 28, 2010 by Vanessa&Tony

[UNKNOWN 0]

I remember reading once that overstay only begins after you're 18 years and 6 months old. Someone else might be able to help you out there, I think actually it was "Just Bob" who wrote that in someone else's thread a while back.

If in doubt, try and get on that website listed above to ask your question. Write down exactly how often your fiance has been in the US. You said high school, from when to when? etc so that when Laurel is able to answer your questions she is fully informed. Also look around for solicitors that might be able to answer your questions in person for a small fee. The issue there is they might tell you your case is difficult just to get money out of you so just be careful.

When did the 6+ month overstay occur? Does she sign anything when she enters? How does she enter and how does she leave if they don't know WHEN she leaves?

The 6+ month overstay might've happened in HS by a few days.

Well she graduated high school at 18yrs4months.

She has been in school here since middle school.

She comes in through the port of entrance and shows her b2-visa card, sometimes CBP slides it through their computer n sometimes not.

They don't monitor when she leaves. - She could basically leave in a day or a yr and they don't know.

[UNKNOWN 0]

I do not want to add to the confusing posts. What strikes me is a possible history of misrepresentation, and that could be a deal breaker.

You mentioned that you met your fiancee in High School. You said she's in the USA with a B2 now. What you did not elaborate about is her previous visa status, but a B2 does not authorize the tourist to attend school, and a requirement for attending school is to be either a USC, LPR, or a non resident holding a student visa.

Obviously, once the student or her parents state to the school that the student is not a USC, the school would be required to see prove of the prospective student's legal status. To avoid that, many parents did, and still do, mark the field "US citizen" to avoid having to show such prove. If that happened after September 20, 1996, it's a misrepresentation on behalf of the applicant which carries a ban for life with no option of a waiver.

You might want to explore your fiancee's past in this regard before getting married and having to move to Mexico.

--Sorry, I hadn't seen this post--

We live in AZ... here, at least, there's no questioning of legal status when registering for public schools-it's actually illegal to ask(in AZ) but Sheriff Joe Arpaio n his gang want to change that.

Sooooo...?

[besaangel 18]

Kind of complex but not unheard of... "Usually, persons granted B-2 visitors visas are admitted to the US for six months at a time, regardless of how long their visas may be valid for (as determined by the visa expiration date). However the date on the I-94 card, which a person receives upon admission to the US, controls. It is very important to leave the country before the I-94 card expires. If one is interested in extending his/her stay beyond the authorized period of stay as governed by the I-94 card, this should be requested before the I-94 card expires. Extensions may be requested in 6-month increments, generally up to a year."

SO GOING TO ELEMENTARY, MIDDLE OR HIGH SCHOOL ON A B2 ISN'T UNCOMMON... http://www.***removed***/visas/visitor/

Anyways, if she is no longer in high school, why the bother with the sheriff?

[spookyturtle 9,466]

Illegal presence before the age of 18 doesn't count. I don't remember if illegal presence is cumulative or not. It is also possible that if she overstayed buy 6+ months, went back to Mexico and returned to the US she may still be subject to the ban, even though they let her in. The technicality of the law is that her visa becomes invalid after the overstay. If you are serious about this woman, do not let her go back to Mexico until you have consulted with one of the qualified lawyers. Consult with either or both of the lawyers I linked to in my earlier post. This is another good forum to consult, in fact, it is the best waiver forum there is. There is a whole section dedicated to Mexico. http://immigrate2us.net/forum/forum.php