Change of Plan?

[DerZinker 4]

Border Agent barely spoke to my wife. We entered together as a family and I did most of the talking, which is how we typically do it. There was no secondary and the 7 times or so we have travelled to the US together there has never been a secondary (or even so much as a cocked eyebrow for that matter). Border agent just asked what we were doing on our trip (response: visiting my parents) How long we'd be in the US (8 weeks) and what I do in Mexico (Told her my job title and the company). That was it. She did my wifes standard fingerprints and photo and we were through the door. Customs was even easier and I think they didn't even look at us.

[Rebecca Jo 1,962]

Border Agent barely spoke to my wife. We entered together as a family and I did most of the talking, which is how we typically do it. There was no secondary and the 7 times or so we have travelled to the US together there has never been a secondary (or even so much as a cocked eyebrow for that matter). Border agent just asked what we were doing on our trip (response: visiting my parents) How long we'd be in the US (8 weeks) and what I do in Mexico (Told her my job title and the company). That was it. She did my wifes standard fingerprints and photo and we were through the door. Customs was even easier and I think they didn't even look at us.

Based on the experiences of other members who have adjusted from B visas and if your account is accurate, then anecdotally your wife should be able to adjust her status in the US.

You need to remember that this is an internet forum. And its right on the home page that we are not lawyers. I would recommend you tell your tale to a qualified family based immigration attorney. A specialist. You do not have to hire this individual to process your wife's case. You can consult with them and if you get the answers you want to hear, you can probably process the case on your own. I believe everyone who is thinking of "doing business" with USCIS/DOS should have a consult with an attorney. I especially believe this to be true of persons who are considering adjusting their status if their last entry was non-immigrant (as was your wife's last entry).

Remember that your wife cannot leave the US while she awaits an answer on her status adjustment. Even if the Service gives her an Advanced Parole document, do not let her leave the US while that application is in process.

*edited for spelling*

Edited November 16, 2011 by Rebecca Jo

[ValerieA 350]

Remember that your wife cannot leave the US while she awaits an answer on her status adjustment. Even if the Service gives her an Advanced Parole document, do not let her leave the US while that application is in process.

Isn't that only if she has overstayed >180 days?

[Rebecca Jo 1,962]

Isn't that only if she has overstayed >180 days?

*shrugs*

There are even accounts on VJ of people who have overstayed being let back in.

Most practitioners will advise anyone adjusting from the VWP or a B visa to not travel on Advanced Parole. Because believe it or not a paroled entry is not exactly the same as a "regular" entry. When you are admitted to the US without parole, you are legally in the country for the duration of stay stamped on your I-94W. When paroled, one is admitted to the US, but are there only at the pleasure of the Service. It's confusing, but some lawyers describe it as one's body being admitted to the US, but their legal self being left at the border. Therefore, you've complicated your status adjustment by re-entering on Advance Parole should the status adjustment go tits up.

[DerZinker 4]

Thanks all for your input, it has been very insightful. Thank you also Vanessa&Tony for posting those links to backup your position because that's what I asked for. I didn't mean to ruffle feathers and my objective is never to go outside the law or be untruthful, but I really wanted to explore this concept even more thoroughly as it has come up time and time again and I'm starting to think that maybe this has crossed our path for a reason. As of right now, our original plan is still in effect and we plan to return to Mexico in January and file DCF when we return in order to move to the US in the Summer of 2012. Thus we would do everything abroad. But I suppose in the instance that life throws something else in our direction while on this trip we may consider other alternatives...

[DerZinker 4]

Based on the experiences of other members who have adjusted from B visas and if your account is accurate, then anecdotally your wife should be able to adjust her status in the US.

You need to remember that this is an internet forum. And its right on the home page that we are not lawyers. I would recommend you tell your tale to a qualified family based immigration attorney. A specialist. You do not have to hire this individual to process your wife's case. You can consult with them and if you get the answers you want to hear, you can probably process the case on your own. I believe everyone who is thinking of "doing business" with USCIS/DOS should have a consult with an attorney. I especially believe this to be true of persons who are considering adjusting their status if their last entry was non-immigrant (as was your wife's last entry).

Remember that your wife cannot leave the US while she awaits an answer on her status adjustment. Even if the Service gives her an Advanced Parole document, do not let her leave the US while that application is in process.

*edited for spelling*

Thanks for this post. Frankly I would only go to a lawyer as a last resort and I hardly think it's necessary in our case as we've never been outside the law. A consultant isn't a horrible idea though...

As far as the travel abroad, I'm curious as to how long that petition usually takes and how that works generally. If you file for permission to travel does that usually get approved prior to the visa interview? If not, I can't really see the point...

[ceadsearc 516]

Thanks for this post. Frankly I would only go to a lawyer as a last resort and I hardly think it's necessary in our case as we've never been outside the law. A consultant isn't a horrible idea though...

As far as the travel abroad, I'm curious as to how long that petition usually takes and how that works generally. If you file for permission to travel does that usually get approved prior to the visa interview? If not, I can't really see the point...

Yes, AP generally takes about 2 months so you normally get it prior to the green card. In cases where you don't it is normally because your case has moved faster than normal and so you get your interview/GC earlier than expected.

[106206 15]

To me, the optics of your situation look very legitimate because you have been married for years and presuming you can substantiate that, it would seem unlikely that it would be a fraudulent marriage.

Furthermore the repeated entry/exit is another sign that while you had multiple chances for your wife to AOS or otherwise stay here, and assuming you always left on time, suggests good intent to follow immigration laws.

I would personally consult an attorney to discuss your case and confirm what you already believe. I am a strong adovcate of having an attorney do a final check of the immigration package anyhow, and so asking for this kind of guidance would (to me) not be any more bothersome.

Many people including my own case have much more 'shady' elements when viewed superficially and they all come to the US fine. So I again don't see the issue.

I think at this point if it was me I'd take it to the next level and get counsel. Best of luck.

[MalaysianGirl 26]

Thanks all for your input, it has been very insightful. Thank you also Vanessa&Tony for posting those links to backup your position because that's what I asked for. I didn't mean to ruffle feathers and my objective is never to go outside the law or be untruthful, but I really wanted to explore this concept even more thoroughly as it has come up time and time again and I'm starting to think that maybe this has crossed our path for a reason. As of right now, our original plan is still in effect and we plan to return to Mexico in January and file DCF when we return in order to move to the US in the Summer of 2012. Thus we would do everything abroad.

:thumbs: