CR1 Question..

[skiptex 225]

A friend of mine is from Mexico,

really quick rundown.. to their situation.. they had religious ceremony in mexico (i assume married in church, no civil), she came into USA on tourist visa (I-94, i think.. what ever visa allows Mexicans to visit USA).. they civil married here and she has been here ever since..

now, they want to adjust their status for a CR1/K3.. BUT they think she will not have to leave back to mexico, and she can just AOS here

she has not over stayed the Tourist VISA, she told me she has 6 months to stay (not sure exactly when that started for them)

i told her CR1 is way to go.. but that she would PROBABLY have to go back to Mexico and do the interview over there.. they have a pre meeting with lawyer today, free consult..

was i correct..

[Penguin_ie 5,993]

If after the legal wedding, she decided to stay in the USA, then can do AOS.

[skiptex 225]

If after the legal wedding, she decided to stay in the USA, then can do AOS.

ok..

i guess i was just confused..

i thought you were not allowed to enter on tourist visa with intent to marry, get married and then stay while applying for CR1?..

[Boiler 45,478]

Good that she is seeing a lawyer.

[skiptex 225]

Good that she is seeing a lawyer.

they have not hired one, its just a free consult today.. i told her lawyers are not really needed and they could just do the same paperwork themselves..

so they are just trying to get as much information as possible for where they are in the immigration issue

but their may concern is will she have to go back or not, thats what they are most worried about.. she can, but does not want to leave husband.. they thought/were told that getting married in USA as best way for her to stay.

[Boiler 45,478]

I do not think you are helping.

A little knowledge can be dangerous, in this case very dangerous.

[Bobby+Umit 161]

A friend of mine is from Mexico,

really quick rundown.. to their situation.. they had religious ceremony in mexico (i assume married in church, no civil), she came into USA on tourist visa (I-94, i think.. what ever visa allows Mexicans to visit USA).. they civil married here and she has been here ever since..

now, they want to adjust their status for a CR1/K3.. BUT they think she will not have to leave back to mexico, and she can just AOS here

she has not over stayed the Tourist VISA, she told me she has 6 months to stay (not sure exactly when that started for them)

i told her CR1 is way to go.. but that she would PROBABLY have to go back to Mexico and do the interview over there.. they have a pre meeting with lawyer today, free consult..

was i correct..

I-94 is not a visa - it's a arrival/departure form that shows how much time your legally allowed to stay in the USA (length of authorized stay).

You need a visa to actually gain admittance into the US with this form. (tourist visa is B-2 - and they are valid longer than 6 months - however, your authorized stay is not as long as the visa expiration date, that is determined only by the I-94)

Most I-94s have a six month period - all though this can be shorter, depending on the will of the CBP.

"If" she entered the US legally, she can legally AOS with the USC - no need to file for the CR-1. If they decide to file for the CR-1, she would have to go back to Mexico - after the I-94 expires.

From what you posted - she entered legally - so the AOS is the way to go. However, she may get some noise for the coming here on a visitors visa, but has long as she played the situation straight at the POE/CBP - she should be ok.

[skiptex 225]

I do not think you are helping.

A little knowledge can be dangerous, in this case very dangerous.

i did not help them do anything.. everything was already done

we just barely spoke last nite.. they will figure it out..

so now for my sanity..

can you explain to when it is ok and not ok.. to come to usa on tourist visa to get married and then stay while adjust status/CR1..

i just want to be clear for myself..

yes.. she has the B2 visa, i assume that is the tourist visa, when she entered..

Edited February 22, 2012 by skiptex

[Penguin_ie 5,993]

i thought you were not allowed to enter on tourist visa with intent to marry, get married and then stay while applying for CR1?..

You are mixing up various processes:

- It is fine to enter on a tourist visa with intent to marry. Lots of foreigners get married in Vegas every day!

- It is not ok to enter the US on a tourist visa with intent to marry AND STAY.

- If they decide to go for the CR-1 spousal visa then yes, she must return at the end of her tourist visa stay, because visas are for entering countries. She should be able to visit again during the process, but will need to be careful not to overstay, and will need to do her medical and interview in Mexico.

- If they decide they do not want her to leave the USA after the wedding, then she can AOS from the B2 to a greencard. She may be asked to show proof she didn't intent to stay when she entered, such as not having brought all her belongings, still having a lease in Mexico etc.

[skiptex 225]

I-94 is not a visa - it's a arrival/departure form that shows how much time your legally allowed to stay in the USA (length of authorized stay).

You need a visa to actually gain admittance into the US with this form. (tourist visa is B-2 - and they are valid longer than 6 months - however, your authorized stay is not as long as the visa expiration date, that is determined only by the I-94)

Most I-94s have a six month period - all though this can be shorter, depending on the will of the CBP.

"If" she entered the US legally, she can legally AOS with the USC - no need to file for the CR-1. If they decide to file for the CR-1, she would have to go back to Mexico - after the I-94 expires.

From what you posted - she entered legally - so the AOS is the way to go. However, she may get some noise for the coming here on a visitors visa, but has long as she played the situation straight at the POE/CBP - she should be ok.

ok.. thanks

[skiptex 225]

You are mixing up various processes:

- It is fine to enter on a tourist visa with intent to marry. Lots of foreigners get married in Vegas every day!

- It is not ok to enter the US on a tourist visa with intent to marry AND STAY.

- If they decide to go for the CR-1 spousal visa then yes, she must return at the end of her tourist visa stay, because visas are for entering countries. She should be able to visit again during the process, but will need to be careful not to overstay, and will need to do her medical and interview in Mexico.

- If they decide they do not want her to leave the USA after the wedding, then she can AOS from the B2 to a greencard. She may be asked to show proof she didn't intent to stay when she entered, such as not having brought all her belongings, still having a lease in Mexico etc.

i will just worry about my K1

that last part.. i don't know.. she will have to take care of that.. i do not know the details, other then they had a wedding in mexico (church in 2011.. (i was invited but could not go.. went to Venezuela instead)..

and several months later.. she sends me message, she in Texas, and was Married Civil south Texas.. and they want to AOS

i wish them luck, i hope it works out for them..

Edited February 22, 2012 by skiptex

[jaycali 415]

ok.. i guess i was just confused.. i thought you were not allowed to enter on tourist visa with intent to marry, get married and then stay while applying for CR1?..

She can adjust status from B-1 (tourist visa) to Legal Permanent Resident (LPR).

She'll have to file form I-130 in conjuction with a form I-485.

It is fully legal to get married on a tourist visa. However, it is considered immigration fraud to enter with the intent to get married and then adjust status.

In other words, she may adjust status, but only if that decision happened "on a whim." This is why getting a lawyer is crucial if they choose to adjust status from B-1 to LPR.. The difficult part won't be the paperwork, but proving to the USCIS that she had no intention of adjusting status when she came. Like penguin said, it's tricky to prove.

If she didn't intend to adjust status when she arrived, the pros are obvious - she gets to stay and won't have to wait for the CR-1 which can take a long time. But the cons if she fails are so severe.. If she gets charged with immigration fraud it's often a lifetime ban from ever entering, with virtually no possibility of appeal.

I would definitely consult an immigration lawyer before ever venturing into that territory on a tourist visa.

Edited February 22, 2012 by jhsm85

[skiptex 225]

She can adjust status from B-1 (tourist visa) to Legal Permanent Resident (LPR).

She'll have to file form I-130 in conjuction with a form I-485.

It is fully legal to get married on a tourist visa. However, it is considered immigration fraud to enter with the intent to get married and then adjust status.

In other words, she may adjust status, but only if that decision happened "on a whim." This is why getting a lawyer is crucial if they choose to adjust status from B-1 to LPR.. The difficult part won't be the paperwork, but proving to the USCIS that she had no intention of adjusting status when she came.

yea.. thats kind of what i was really afraid of...

not to sure how much of "whim" it was.. it was a small ceremony and her parents where there.. from outside of Mexico City..

well, lawyer for her is probably going to be a good idea.. but i think they are going to have a few problems..

i guess this topic should be move to the AOS section..

[Orando 57]

yea.. thats kind of what i was really afraid of...

not to sure how much of "whim" it was.. it was a small ceremony and her parents where there.. from outside of Mexico City..

well, lawyer for her is probably going to be a good idea.. but i think they are going to have a few problems..

i guess this topic should be move to the AOS section..

Yeah, maybe the lawyer will advise her to go back to Mexico and wait for the visa to come through, issue solved!

[Ryan H 3,812]

i guess this topic should be move to the AOS section..

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas per your suggestion.