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

[Done--Really 331]

I meant to add this: how would you answer these questions??

1) Did you enter the US with a valid non-immigrant visa?

2) When you came to the US, were you planning to get married since you recently had a religious ceremony in Mexico?

3) Were you planning to file for a CR-1 visa?

4) Were you planning to file for AOS?

The answers to the first two questions are obviously yes, and NOT a problem at all.

If the answer to the third is also yes, no problem--you stay legally six months--even overstay your visa so long as it is less than 180 days, and return to CDJ for the interview.

But if the answer to four is yes--and we know it is YES, then the odds are high that you would be deemed committing immigration fraud--intending to immigrate without having an immigrant visa, and that's what you need to fix--just because others get away with it, doesn't mean you will--it just means the odds are against you since you got married the very first day here.

[BBurns 4]

I meant to add this: how would you answer these questions??

1) Did you enter the US with a valid non-immigrant visa?

2) When you came to the US, were you planning to get married since you recently had a religious ceremony in Mexico?

3) Were you planning to file for a CR-1 visa?

4) Were you planning to file for AOS?

The answers to the first two questions are obviously yes, and NOT a problem at all.

If the answer to the third is also yes, no problem--you stay legally six months--even overstay your visa so long as it is less than 180 days, and return to CDJ for the interview.

But if the answer to four is yes--and we know it is YES, then the odds are high that you would be deemed committing immigration fraud--intending to immigrate without having an immigrant visa, and that's what you need to fix--just because others get away with it, doesn't mean you will--it just means the odds are against you since you got married the very first day here.

How can somebody answer to the fourth question NO, even if I use my mexican wedding certificate and I come to US filing for AOS they will say that I was intending to immigrate. I checked the papers that she filed the first time, she filed the I-130 and also the I-485 (which was denied) relationship affidavit and a lot of my wedding photos,. I have been in contact with him and you know what did he say? No problem, everything is fine, I don't want to lie in an interview, and want to do everything right. I don't understand why he still want to send all the next forms if the paper clearly say that I'm not eligible for AOS. He asked me for medical exams and my husbands last 3 taxes declaration, I don't remember the form he was filling out when we went with him but it has questions like if you are a drug dealer, you were convicted, you intend to come with political purposes and things like that.

[Done--Really 331]

You are so lucky to be able to go back to Mexico and finish everything from there--just think what it would be like if you had to return to Asia or Africa. There might be a few bumps in the road, but you can get this done--if your I-130 was approved, you only have a couple more moths to go--was it approved even though other things were denied??

[BBurns 4]

You are so lucky to be able to go back to Mexico and finish everything from there--just think what it would be like if you had to return to Asia or Africa. There might be a few bumps in the road, but you can get this done--if your I-130 was approved, you only have a couple more moths to go--was it approved even though other things were denied??

I know, just will try to recover the checks that he was going to send again to USCIS. And to wait the process.

Yeah, it was approved, it says:

The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status (he sent I-864, G-325A and I-485). The evidence indicates that he or she is not eligible to file an

adjustment of status application. This determination is based on the information submitted with the petition and any relating files. If the person for whom you are petitioning believes that he or she is eligible for adjustment of status, then he or she should contact the local

USCIS office for more information. (maybe that's why he is trying to send I-765, I-864 and I-485)

Then it says,

Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center... etc....

[Moomin 292]

What marriage certificate did you include with the I-130? The Mexican, American or both?

Anybody can get married in the US with proper ID, it's not illegal on a tourist visa(it's the intent to immigrate that's the grey zone with marrying). Had you not been married in Mexico and you got married the day after entering U.S. THEN it would look like nothing but a big wavy red flag trying to adjust from it.

But you adjust status on a tourist visa in the country based on getting married "outta the blue" but you were already married in a different country so adjusting within the US is not an option.

Your petition is being forwarded to the US embassy where the foreign spouse will have their interview after NVC(national visa center) is done with it. This is where my knowledge is nothing compared to senior members with the loopholes and what not.

One thing I will advise you to is read the guides and flowchart carefully, even if you have a great lawyer, he/she can't make you understand the process and just how much it requires. Not just now but in the future as well since you'll have to be in contact with USCIS in about 2 years again.

CR1 flowchart

[BBurns 4]

Just a little update for all the nice people who tried to help me with my case, first of all thank you very much to all of you for all you advices, after all the things that I read here we went directly with an attorney who helped us and finally today I got my permanent residence, we had the interview and everything went ok. The guy who interviewed us was really nice and he just told us that we need to send another form after having two years married to remove the conditional status of something like that, now finally I just need to wait for my card in the mail that takes from 1 to 3 months to arrive.

Thank you for all!!

[Darnell 8,478]

whew! at least you weren't detained at the border !!

Congratulations !

[BBurns 4]

I didnt go to the border, had my interview in Santa Ana, it took like 20 min.

whew! at least you weren't detained at the border !!

Congratulations !

[Darnell 8,478]

yes, hence the irony. You had an AOS thingie, not any VISA thingie, no CBP issues ..

Congratulations !

[BBurns 4]

yes, hence the irony. You had an AOS thingie, not any VISA thingie, no CBP issues ..

Congratulations !

Thank you very much!!!!!

But after all this I won't be happy until I have the card with me

They kept my visa and my I-94, is that ok? I mean I have that letter of approval but

just want to know if its normal.

I know that there's no next time to me, but at least now I know the right way to do things.

I guess God helped us.