NVC & USCIS Please!!!! SO confused!!!!!

[Done--Really 331]

The problem is that you entered the US already married, and didn't disclose it.--strike one.

Then you got married right away, so there was intent to get married when you came in, and then to STAY here for AOS--strike two. Well, maybe no strike at all since you were already married, but if you were not, this is clearly visa fraud.

You have now overstayed, and the clock is ticking towards 180 days, and this is potentially strike three.

You need legal advice right now--a real lawyer who does NOTHING but immigration law, SPECIFICALLY handles cases involving misrepresentation. You are correct that you MIGHT be exposed to deportation, and potentially a lifetime ban--this is not the time to cut any corners.

I would suggest an immediate phone consultation with Laurel Scott who is one of the true experts on these types of situations. It will be a couple hundred $$, but she will tell you all your options.

http://www.scottimmigration.net

To just rely on the woman you have used so far exposes you to great danger, I am sorry to say. It might all work out, but the risks you are running are enormous.

[Inky 1,110]

I THINK you did not need to file for tHE i130, you should have just applied for the AOS instead. How do u do that? I'm not sure but I know people that have done it like you (married in mx, go to usa on a tourist visa and file for AOS) and no problems at all. Its a bit confusing

Please read the guides.

AOS from inside the USA you need to use the I-130 and the I-485.

[Done--Really 331]

Inky--AOS from within the US presumes that there was a legal entry, and that you did not have an intent to immigrate when you entered.

1) It is not 100% clear that the entry was legal since she was married and if that had been made known to the CBP, she might have been refused entry--it has all the makings of a misrep.

2) There was a clear intent to immigrate, so AOS is most likely off the table even if the entry was deemed legal.

This is beyond the do it yourself level.

PLEASE get to a lawyer who specializes in misrepresentations immediately. Do not waste you time with the assistant until you know EXACTLY where you stand legally.

As to the assistant, she knows exactly what she is doing--perpetrating IMMIGRATION FRAUD, and you are the one at risk.

[Inky 1,110]

Inky--AOS from within the US presumes that there was a legal entry, and that you did not have an intent to immigrate when you entered.

1) It is not 100% clear that the entry was legal since she was married and if that had been made known to the CBP, she might have been refused entry--it has all the makings of a misrep.

2) There was a clear intent to immigrate, so AOS is most likely off the table even if the entry was deemed legal.

This is beyond the do it yourself level.

PLEASE get to a lawyer who specializes in misrepresentations immediately. Do not waste you time with the assistant until you know EXACTLY where you stand legally.

As to the assistant, she knows exactly what she is doing--perpetrating IMMIGRATION FRAUD, and you are the one at risk.

I know this. I was commenting to the person who said they didn't need an I-130. When you infact DO need one if you have entered and are filing an AOS. K-1 does not need an I-130 when filing AOS.

[Done--Really 331]

OK Inky--just trying to get this couple to face the fact that they might be in deep trouble, and don't want them to think they can just slide by--they might be able to, but then again she might be banned for life. They have to make the choice of playing Russian roulette with five bullets in the gun, or seeking professional help before they pull the trigger.

[BBurns 4]

You need to leave the country asap! NVC will continue with your case because it'll be sent to Mexico where you'll have your CR1 interview.

Nevertheless, the marriage you had in US won't count towards obtaining your visa because you were married before in Mexico. Please read the guides very well and trust me, you'll be fine.

Goodluck!

Well, we' re talking about that, yesterday late night I was telling my husband all the things that I read here and about my status here in USA, yes, we got married twice, the first one

was in Mexico cause we wanted the Religious Ceremony and if I got married here it was not to commit a fraud, my husband went to the assistant when we were going to get marry

and told us that our marriage in Mexico is not legal in U.S. so you we needed the US marriage certificate to file the I-130, so I guess because of her help we did everything wrong.

I just don't understand how can you receive an approved I-130 if you are under my circumstances.

[Darnell 8,478]

wow

[Done--Really 331]

Please tell us that you will see am immigration lawyer that specializes in misrepresentations before you do another thing. You need to know exactly where you stand, including the legality of your Mexican marriage and exactly what was claimed on the various immigration forms.

Then, and only then can you start to make the proper decisions--we are talking about the rest of your life together, and this is the time to fix things.

[Done--Really 331]

Reposting since I sent it too soon:

Please tell us that you will see am immigration lawyer that specializes in misrepresentations before you do another thing. You need to know exactly where you stand, including the legality of your Mexican marriage (it probably isn't recognized here if it was just the religious ceremony) and exactly what was claimed on the various immigration forms.

You do face the potential claim of visa fraud since you entered the country legally (no problem so far), got married (also no problem assuming the Mexican marriage is not legal here), but you intended to stay and go thru AOS here--that's where the visa fraud clicks in unless you can prove otherwise. It's not too late to return to Mexico and wait out the process there assuming the proper papers were filed, and if they weren't, amend them.

See a lawyer and only then can you start to make the proper decisions--we are talking about the rest of your life together, and this is the time to fix things.

[BBurns 4]

Yeah, we will see a lawyer and for sure the legal assistant, cause she doesnt send the package yet, she is waiting for the medical tests to send it, I was checking the emails that she sent to my husband when I was not married and not here and yes, she filed for the I-130 and adjustment of status at the same time, I don't know if she is stupid or what cause in the I-130 approval says that I'm not eligible for AOS really don't understand what does she pretend to do. Thank you for everything

[Darnell 8,478]

hi - did you have a chance to study the guides this weekend here at VJ,

get good breakdown on

--pursue CR-1 visa

vs

--file Adjustment of Status

or not ?

[BBurns 4]

hi - did you have a chance to study the guides this weekend here at VJ,

get good breakdown on

--pursue CR-1 visa

vs

--file Adjustment of Status

or not ?

Yeah, I made my homework and saw the differences between CR-1 visa and AOS,

Checked the forms that she sent with my I-130 and yes, she is doing it for AOS, she sent the I-130 form and also the G-325A which are for AOS, the thing is that she read my approval and not

even with that she figured out that I'm not eligible for AOS (I guess that it is because I don't have two years married and also they saw that one day after I arrived I got married).

Husband is looking for an immigration lawyer, I think she is paralegal so she should know, anyway I made appointment with her this Thursday to talk with her and tell her about all the things

that found out through VJ. The good thing is that I have time to leave the country and start doing everything in the correct way from Mexico, I know that it's not the same cause I'll be away from

my husband but the last thing that I would do is to take the risk of loose all my benefits as a J1 holder (if I have them now). Anyway, will let you know what did she tell me, as I said before thank

God I asked you guys about my case and knew all this mess we are in. My parents talked with a lawyer in Mexico, who told them that my marriage in Mexico is not valid in USA if I didn't certified

it and bring it to USA to make it valid, so the one that counts here is the american one, so my mexican marriage is only valid in Mexico.

A lawyer of a friend sent us an email saying this.

"The other major advantage for an immediate relative is that if they entered the U.S. legally with a visa, any unlawful presence or time out-of-status since then is waived, or forgiven,

as long as they have remained in the U.S. since entry and have not made a trip overseas."

So, trying to find out when does it apply and also how the "having the purpose of procuring the admission of your spouse as an immigrant" applies.

We did everything as we thought it was correct, never to the intention of getting any benefit of becoming a USA citizen wife. I had my job and left everything there to come and join my husband

I didn't even to try to find an illegal job in US cause thought that it wouldn't benefit my status here.

Let see what does she say. All I want as everybody here is to live peaceful, by the side of the person that you love and in the correct way.

[Done--Really 331]

If it weren't for the quick marriage here, you could do AOS, but the ultra quick marriage will raise a big red flag, so going back to Mexico until you get the CR-1 visa is safe and secure, and you will be back quicker than you think since the I-130 was already filed.

Can you tell us all the documents that have been filed, when, and if they were approved--unless there is a problem with the filings, you can do the rest of the job yourself without the assistant let alone a lawyer.

The email from a fried/lawyer is correct, but only if you are accepted as having entered the US WITHOUT The intent to get married and then STAY for AOS--the email is overlooking the question of intent, and doing AOS here hinges on that--NO INTENT !! There is absolutely no requirement to be married 2 years to do AOS here--it's the day after you arrived that's the problem.

[BBurns 4]

If it weren't for the quick marriage here, you could do AOS, but the ultra quick marriage will raise a big red flag, so going back to Mexico until you get the CR-1 visa is safe and secure, and you will be back quicker than you think since the I-130 was already filed.

Can you tell us all the documents that have been filed, when, and if they were approved--unless there is a problem with the filings, you can do the rest of the job yourself without the assistant let alone a lawyer.

The email from a fried/lawyer is correct, but only if you are accepted as having entered the US WITHOUT The intent to get married and then STAY for AOS--the email is overlooking the question of intent, and doing AOS here hinges on that--NO INTENT !! There is absolutely no requirement to be married 2 years to do AOS here--it's the day after you arrived that's the problem.

For sure we will that, but Magical, do you know what would happen, cause we sent as proof of our marriage all the pictures of our wedding in Mexico. And how all people having a B1/B2 visa who come to US and get married can file for AOS?

[Done--Really 331]

Some get away with it and some don't--but to get married the very first day here lowers the odds significantly--it's not the I-130 where you get caught, but when you start the AOS process.

You need the I-130 for the CR-1 as well, so if it has already been approved and all the documents were accurate, you only need a couple more months to get thru NVC and on to the interview--IN CDJ. You are almost done--probably--PLEASE post all the docs that were filed, when, and when they were approved--you are probably very close to the end.