Advice on how to proceed.

[mxrado 0]

Hi!

Well I am new to the forum, but I have been reading for a while.

My case is the following.

My girlfriend and I met last year while I was in the U.S. for an internship. I was the holder of a J-1 visa, and I was not subject to the 2 year rule. I went back to Mexico before the visa expired. I have been a B1/B2 holder for almost 10 years now, it expires in one year, so I visited my girlfriend a few times with that visa, always staying within my I-94 expiration dates, never illegaly.

We found out that we were pregnant not too long ago, and decided to marry in April 24th. I had my last entry I-94 in March 13th for a vegas trip. However I came back to Mexico because I had a job offer with a company that works on both sides. I have been hired from Mexico, my paycheck would be from Mexico, however I am required to be in Wichita, KS (where my fiancee is from). I applied for a TN visa through the company and had the interview this past April 13th, however it was denied because the letters of employment stated that I was being hired through the Mexican branch. As this comes out, I investigated and I can still go to the Wichita plant on my B-1 visa because it would be a business visit, through the training category and as I am being paid in Mexico, its permissible.

However now I am trying to decide which course of action to follow to get my green card.

Option 1. Adjustment of Status. I would enter the U.S. through Juarez/El Paso land POE. I already have an I-94. I did not submit it because when we live in the border and constantly travel back and forth, the I-94 states for Multiple, and 6 months of expiration so we surrender the I-94 when is about to expire, but we constantly cross the border.

I could use that I-94 to get the AOS, even though I already applied at a US Consulate in Juarez for another visa, and had it denied? or I would have to get another one, in this case I would get one as a B-1 business visit, through my company. But the problem is that I will get married a week later after my entrance. Is it possible to do the AOS stating that my visit was business? My girlfriend is already 5 months pregnant and we decided to get married all of a sudden. Is this possible or too risky?

Option 2. The other way would be through the CR1 process. However I have heard that this process takes too long and as you know, having a baby implies more responsibilites, and I would like to be able to work in the U.S. asap, so I can provide a health insurance to my family. Also if I do this way, can I visit, or stay 6 months period with my current B1-B2 visa while my CR1 petition is in course? or would I have to wait outside the U.S. or get a K-3?

I really want the best way to be close to my family and not have any problems. I really love my fiancee and I don't like spending time appart from each other, besides the baby its due in 4 months!! so that's something I definetely don't want to miss...

Please advice me to get the best course of action! I will see a lawyer soon, but I need more opinions because sometimes those guys don't know what they are doing...

Thanks in advance!

[VanessaTony 3,567]

It is immigration fraud to enter on a visitors visa with intent to immigrate.

It is against the VJ TOS to tell you to do this.

CR-1 would be the best choice in my opinion and far less risky.

[mxrado 0]

Yes you are right, however AOS that is what a lawyer recomended me. That is why I am reading further. Its totally not worth to risk it all for a quicker process. I will definetely do the CR1 process once I am married in the U.S.,

However, will I be able to visit my fiancee in the U.S. with my current B1/B2 visa? can I come back and forth with the proof that I am going on business intent only, even though I would be married with the U.S. citizen? That would be important, since my fiancee would like to be close to her family for the all the support with the baby, and I also want to be there... If I continue with my current job my visits would be justified as business.

Also, as I posted earlier.. my planned honeymoon to Mexico, departing from the U.S., and coming back there.. can I still do it, now that I plan to go through the Immigrant visa? it is planned like a week after the wedding.. from Dallas to Cancun and then back to Dallas...

Thank you!

[Nartaki 7]

I agree with the above poster. You came here on a B1/B2 and got married to a US Citizen. So far that is legally ok.

Your B1/B2 visa gets nullified once you apply for AOS. You are better off not leaving the US while your application is pending. If you need to, you may get advance parole.

However your best bet is to do a CR1 visa.

Edited April 15, 2010 by Nartaki

[VanessaTony 3,567]

Yes you are right, however AOS that is what a lawyer recomended me. That is why I am reading further. Its totally not worth to risk it all for a quicker process. I will definetely do the CR1 process once I am married in the U.S.,

However, will I be able to visit my fiancee in the U.S. with my current B1/B2 visa? can I come back and forth with the proof that I am going on business intent only, even though I would be married with the U.S. citizen? That would be important, since my fiancee would like to be close to her family for the all the support with the baby, and I also want to be there... If I continue with my current job my visits would be justified as business.

Also, as I posted earlier.. my planned honeymoon to Mexico, departing from the U.S., and coming back there.. can I still do it, now that I plan to go through the Immigrant visa? it is planned like a week after the wedding.. from Dallas to Cancun and then back to Dallas...

Thank you!

Yes you should be able to visit her as long as you show strong ties. They will also appreciate seeing a copy of the receipt notice of your filing for CR-1 as why would you have wasted the money if that wasn't what you wanted to do.

As for the honeymoon, I would do all that PRIOR to filing the paperwork so you should be fine to re-enter. If you're not it shouldn't affect your process at all, being denied entry that is. It's highly unlikely though (still possible) as long as you show strong ties to your home country.

Good luck

[Nik+Heather 121]

Your lawyer can advise you in ways that we are bound by the terms of service of this board to not. If you enter the country with the plan to register your permanent residence (adjust status) this is fraud, since you are entering on a visa, the terms of which require you to leave when your I-94 expires. The advice given to you by your lawyer should not be construed to mean that what you would be doing would be legal, but he is taking into account the totality of the legal ramifications (if any).

This is quite similar to the advice that many lawyers give to their clients about red light camera tickets here. It is illegal to enter the intersection on a red light. Everyone can see that. But, due to some finer points of the law, if you are caught by a photo-radar red light camera, and you are not served in person, then it has successfully been put through court in other cases that nothing will happen. Therefore, lawyers advise their clients to simply trash the mail when it comes. (This may be outdated info, but you get the point, yes?)

In both cases, the advice from the lawyers isn't meant to say that something is legal where it isn't, but he is advising you on what to do based on what in his greater experience will happen. Running red lights is illegal. Entering on a temporary visa with the intent to adjust status is illegal. Sometimes nothing happens. Sometimes you don't get caught. Sometimes you do get caught and still nothing happens......and sometimes it is disastrous.