Received several different answers re marriage and aos. Help!

[Justinwd 1]

I am a US citizen living on the border in Texas. My girlfriend of 6 months is a Mexican citizen living just across in reynosa. She currently has a B1/B2 Visa and visits every weekend. It expires in July 2016.

So now she is pregnant and we want to get married and her become a US resident. I have spoken to 2 different immigration lawyers and also done my own reading and here is what they say... is it right?

She needs to come over now and stay here. The day after she crosses over here I need to file for an Adjustment of Status and also a Work Permit. She needs to come here and stay here for at least 60 to 90 days before we get married. Do not get married beforehand. We can then get married here. From the time she crosses and I start the paperwork until the process is complete she cannot cross back into Mexico. And the AOS process takes about 6 months.

Also, she is 2 months pregnant. They said that no matter what the child will be a US citizen.

I have also read that the 60 to 90 day thing is not real? Also I have read that she needs to stay in Mexico and not stay in the US? Both of which are different from what I was told by the lawyers and some other places that I read. I read one thing from one place and another from another.

Please help with a definitive answer! Thank you!

[NigeriaorBust 4,087]

Run from both lawyers, what they are advising is visa fraud and all they want is your money.

To enter the US on a visitors visas with the intent to become a permanent resident is visa fraud.

You can petition her to come with a K1 ( fiancé ) visa and marry here after she gets her visa ( quicker but cost more in the long run ) or you can marry and file a CR1 visa which takes longer but is cheaper. She can continue to visit as long as her visitors visa permits ( and as long as they allow her ... no one can absolutely guarantee entry )

[mallafri76 1,012]

I'll give you the standard answer to that question: Entering the US on a tourist visa or under the VWP with the intent to immigrate is fraud and illegal.

I'm guessing the reason the two lawyers told you to just have your wife cross the border and file for AOS is because even though doing that is illegal and considered visa fraud, it is also forgiven if said person happens to be married to a USC. And recent court cases also means that US immigrations cannot deny your AOS even though the intent to immigrate was there when your wife entered. It's a very confusing, weird, messed up law/rule.

- The correct thing for you to do is either file for a K-1 visa, which takes about six months, and then once your fiance enters the US, you marry within 90 days or;

- You marry now and file for a CR-1 visa, which takes about a year.

Since your girlfriend is pregnant, I'm guessing you wanna go for the fastest option. And since your girlfriend has a tourist visa valid till July 2016, she can continue to visit you during that time.

Your kid will be a USC. If born in Mexico, you just need to file for it.

[Justinwd 1]

The thing is I want her to come here and stay here asap because she is pregnant.. I want her to be able to start working as soon as she can here too since she is only 2 months along right now. She is a school teacher. What is the best way to accomplish this then? Why wouldnt an adjustable of status be the way to go as long as we wait?

[Transborderwife 4,666]

What Nigeria said. She cannot enter with intent to adjust. Marry and file for a Cr1 or go the k1 route. It'll be about a year

The thing is I want her to come here and stay here asap because she is pregnant.. I want her to be able to start working as soon as she can here too since she is only 2 months along right now. She is a school teacher. What is the best way to accomplish this then? Why wouldnt an adjustable of status be the way to go as long as we wait?

Not going to happen that quickly. Your route is fraud Edited December 30, 2015 by Transborderwife

[Cathi 5,795]

The thing is I want her to come here and stay here asap because she is pregnant.. I want her to be able to start working as soon as she can here too since she is only 2 months along right now. She is a school teacher. What is the best way to accomplish this then? Why wouldnt an adjustable of status be the way to go as long as we wait?

it does not matter what you want. Entering the US with a visitor visa is with the intent to marry, stay and adjust status is immigration fraud. If denied she will be banned for life with no appeal. The only way for you to accomplish getting her here LEGALLY is to have her return home and file an i-129f for a k-1 or marry her and have her return home and file an i-130 for a cr1 visa. Do not try to circumvent immigration laws or it will come back to haunt you.

[Justinwd 1]

Ok, since she already has a tourist visa and has had it before we even met, and has a consistent record of visiting and then returning... then she comes over here to visit in January and due to the baby and doctor visits while she is visiting, we decide it is best to get married. So she did not come with the intent on staying, it was only after she came that we decided. Then we do a adjustment of status and she can stay during the process? This would not be fraud since she already has her tourist visa and did not intend to stay when she crossed.. just like all the other times she crossed to see me and then returned. Is this not accurate?

For example if in my question here I had changed to say.. she is here with me now visiting in the US and we decided to get married, instead of she is in Mexico right now.. wouldn't that not be fraud? And a adjustment of status suffice?

[Transborderwife 4,666]

I think perhaps a mod should just close this...

[Justinwd 1]

It's not a matter of committing any type of fruad. It is a matter of me educating myself and trying to get my head around everything I have been told. In my last example, it would not be fraud. Correct?

She would not have come over with the intent of staying, therefore not fruad, adjustment of status would be the way to go?

[Transborderwife 4,666]

You're already pre planning it so it would be fraud.

[TBoneTX 46,295]

OP, you're very clearly fishing for fraud.

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"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

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