If filing for CR-1, when to leave

[Done--Really 331]

I have a friend who recently married a woman from Mexico who is here with a valid B1/B2 visa, but who after reading so many stories that end poorly when folks try to AOS here, they are considering filing for a CR-1 visa now and to stay here until the last moment before she accumulates 180 days. Talking to them, it looks like she has another 100 days or so remaining in her original six months authorized stay, and then adding about 180 days to that suggests she could stay here for about 9 months more which isn't much more than it would take to get the CR-1 approved.

1) Does that make sense at all, or should they just go for the in country AOS--she is here legally with no overstay nor any immigration violations in the past?

2) If the CR-1 by some miracle should be approved quicker, would she just have to leave for a short time at the tail end for the interview?

3) What am I missing here--it seems that the CR-1 would be the least risk and they could stay together here for most of the process??

4) And based on what I have read here on the site, it seems that she might even be allowed to travel outside the US once she has her NOA1 in hand, but I haven't broached that with them.

[Ryan H 3,812]

1) Does that make sense at all, or should they just go for the in country AOS--she is here legally with no overstay nor any immigration violations in the past? IMO, don't do in-country AOS; file CR-1

2) If the CR-1 by some miracle should be approved quicker, would she just have to leave for a short time at the tail end for the interview? She would have to go to Juarez to interview

3) What am I missing here--it seems that the CR-1 would be the least risk and they could stay together here for most of the process?? I'll restate my opinion, CR-1 is the best route in this situation, again just my opinion

4) And based on what I have read here on the site, it seems that she might even be allowed to travel outside the US once she has her NOA1 in hand, but I haven't broached that with them. NOA1 goes to your friend as he would be the one who files the petition

[jiggy&jiga 0]

I have experienced the same thing,I came to visit my husband then things didnt work,I decided to stay..A lot of people told us we cant adjust status here,which made sense,but we decided to take the risk,instead of going back to my country and applying CR-1..I got my ten year greencard from a tourist visa,the interview was pretty easy too..It worked for us,maybe we were lucky but I cant say it will work for you guys.It is a though decision.Good luck whatever you decide..Hope you the best!!

[Harpa Timsah 13,258]

If she did not come here with the intent to get married and stay, they can file for AOS. They can also do CR-1 like you are suggesting. She can travel all she wants... she is not tied here. It's up to the border patrol whether or not to let her in. AOS is perfectly legal, as long as you didn't intend to use your B-2 visa to immigrate before you even left home. What stories have you read here where people got denied? Most of our VJ AOSers get approved. The issue with Visa Waiver Program that we often discuss is not relevant in your case... She has a valid visa.

[Done--Really 331]

I believe that the stories they have read are VWP related, but they are nervous anyway. As to intent, I suspect she came here with full intent, but I don't know for sure--that may be why they are so nervous. SO, back to the original question: if they start down the CR-1 path, and she has almost nine months before she exceeds the 180 day overstay, can she stay in the US until the very last minute, and then go back to Mexico for the interview, or does she have to leave while her visa is still valid which is about 100 days from now.

Thank you

[Ryan H 3,812]

can she stay in the US until the very last minute,

Yes, she can stay as long as she is authorized to stay and that includes up to the last minute.