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KOVillegas

Should we get married in the US (already married in Mexico) and apply for Adjustment of Status?

By KOVillegas in IR-1 / CR-1 Spouse Visa Process & Procedures

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XXXYYYZZZ Explorer

XXXYYYZZZ   20

Posted
Filed: Country: Vietnam
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Posted

No, it wouldn't.

Also wrong.

OP, you can switch tracks and pursue adjustment of status if you wish; the choice is yours.

What advice are you giving. It is fraud to enter the US with a non immigrant visa with preconceived intend to immigrate. Burden of proof is on CBP at POE. Once you're in the US you can AOS but the case can be approved or denied. Usually the fraud is overlooked by why risk it.

With a CR1 at the NVC stage why change gears now.

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

Of course the case can be approved or denied; all cases can be approved or denied.

Provided the OP's husband didn't enter the US with the preconceived intent to remain and adjust status then filing for AoS is an option; even if they did enter with such intent, provided it is the sole negative factor then it cannot be the basis for a denial (Matter of Cavazos), but that's treading on thin ice.

The OP is free to choose as they like; I am not telling them what to do, merely that the options exist. They will choose what is best for them.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Teddy B Grand Master

Teddy B   17,252

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Filed: Lift. Cond. (apr) Country: Canada
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Posted (edited)

The op can change direction and file the I-485 to adjust her husbands status if they so chose, this is not fraud.


Please see the guides in the links for this process.

http://www.visajourney.com/content/i130guide2

http://www.visajourney.com/content/adjustmentforms

Edited by Teddy B
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TBoneTX Grand Master

TBoneTX   45,304

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Filed: Citizen (apr) Country: Ecuador
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The OP has received the possible answers and the thread carries the risk of degeneration (two such posts have been removed), so the thread is now closed.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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