AOS, K1, CR1?

[xvx 9]

Hi All!,

I know you guys should have this question all the time, but my scenario is kind of different -at least that's how I think so, and would like to share it with you and read through your experiences, is possible.

My fiancee (USC) and I got together while she was living in México City, over 2 years ago now. She just got a good job offering in FL and moved here. I came with her with my B2 visa to help her settle and whatnot.

This, in the first place, kind of ruined our plans of marrying in México and now we figured we might as well get married while I'm here (I have to fly back to México for work by the end of the month), and get the process going ASAP.

I've contacted the USCIS Customer Service a few times now and their information is vague. I understand them, they can't sit and prepare the scenario for me, so that's why I'm trying to see if someone here had a similar experience.

The questions I have are the following:

• Since most of my work is done remotely, we thought we could do the CR1 process while I am here in the US. Is that illegal? The company I work for is based in México. It's not clear enough if that would constitute a fraud or not.
  • I know that I'd have to go back to the US embassy in México City for interviews and whatever (right?), which is fine for me, but we want to be together most of the time. I've read that some people with VWP can come back and visit their spouses while waiting for the CR1, can I do the same with the B2?
• For what I understand me and my soon to be wife can apply for the AOS if I'm already in the US and married. Does that mean that we can skip the CR1 process too? (this, at least for me, follows the same logic than skipping the K1 visa simply because I already have a document that can let me -and some of you, in the experiences I've read- enter the US)
• I know that if we apply for the AOS I'd have to wait some time until I can legally work in the US for a US company, but I'd also have to wait while either the K1 or CR1 went through... and on top of that would have to pay for the tickets and maybe more processing steps.

I hope this is not too crazy, and I just want to say, we haven't done anything that breaks my obligations as a visitor in the US. We just want to see what are our options and what is our best (cheapest and fastest) solution.

Thanks in advance!

[Harpa Timsah 13,258]

You can file for AOS now and remain in the country. You would file a concurrent I-130/I-485 package, and switch from B2 status to permanent resident status.

It is a grey area about whether you can continue to work for your Mexican job while you wait. If your boss pays you in pesos in your Mexican bank account, then it is (sort of ) okay.

Check out the guides up top for spouse in country, unless you need to go back to Mexico in the next few months. If you choose AOS, you cannot travel for a few months, or you will formally abandon the process.

[KayDeeCee 4,893]

It does not sound like you had any intent on staying when you entered with your tourist visa, so I suggest you marry now and file for AOS. You would follow this guide > http://www.visajourney.com/content/i130guide2

You will not be able to leave and return home to Mexico and re-enter the US until you receive your EAD/AP combo card, which is the work authorization and advance parole to be able to re-enter while waiting for your green card approval. It takes 60-90 days to receive.

[xvx 9]

Thanks guys!, I really appreciated your input.

So after I read what you said I felt more confident about this process and called NCIS and explained what happened and they too backed this route. Yahoo!

I'll keep updating my profile to share this adventure with y'all.

[xvx 9]

Hi again!,

thanks for your answers so far, they have really helped me and now we're almost done with the paperwork. We're so excited!

My question is following up my initial thread. Like I said my fiancée lived in México for the last 2 years, so she didn't file neither 2012 nor 2013's tax return since her income was 0. By the time that we file the papers, she would be in a work that will pay her well over the Poverty Line.

Maybe I'm just being a little paranoid here, but do you guys think this may cause a problem?

[xvx 9]

Just, for context, I'm talking about I-864 (woops!)

And also, given my scenario, what should I answer in Question 1 of Section 2 of I-485? I'm already in the US and none of the options really reflect my scenario.

I added the specific questions I'm asking about.

Cheers, thanks!

Edited July 11, 2014 by xvx

[Ryan H 3,812]

Follow up posts merged into existing thread and thread moved from What Visa Do I Need - Family Based Immigration to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Harpa Timsah 13,258]

She will have to supply a note explaining why she was not required to file taxes. Hint: Just her being in mexico is not the reason. you will have to put zero income in those sections.

She can show proof of current income to qualify for the I-864.

[naniani711 0]

I have a very similar case and I'm about to make a post, but I'm curious how it's going for you and if you've picked a reason on the form for the AOS? Please keep us updated!

[xvx 9]

Hi all!,

After some crazy months we have finally got everything together to send the i130/i485 AOS package!

I just have one question about the payment: Can I send the 1490 dollars in one check or should I send one check for each form?

In case we have to send separate checks, since i130 is on behalf of my wife's and 485 is under mine, does that mean that the checks also have to have each one's name (in my case I'd do a money order but my wife would do her check).

Am I being too paranoid?

Thanks!

[Ryan H 3,812]

For a concurrent filing, applicable fees can probably be included on one single check. Someone can correct me if I'm wrong.

[CdnRN 40]

I don't know if they _can_ be one check, I did two separate checks (so I could see when they are cashed) and had no issues. I think we wrote both from the same account, so name on it doesn't matter.