Need Help filling out i-130

[chickenavocados 4]

Good morning everyone,

 

I would like to solicit some advice from the forum, I've done some extensive reading and searching however I apologize if this has previously been covered.

 

Our situation:

 

Me: Male, US Citizen by birth, live in San diego

Her: Female, Mexican citizen, currently works in Tijuana and stays with me but has an address in Tijuana

 

We were married last year in San Diego, CA and have a child together (that was born in the US last year)

 

She currently staying with me in San Diego and is on maternity leave. I wanted to wait to fill out the i130 until we have a birth certificate for our child

She has a B-2 Travel visa + global entry

 

She is planning on returning to work in TJ and visiting me back and forth.

 

My questions are this in preparing the i 130:

 

1. Should I state that she is currently in the US or is it better to have her apply as if she isn't in the US?

2. Would it be beneficial to list her address in Tijuana or am I better off saying she lives with me in the US?

3. Should she cross back into mexico and ask for another i94?

4. Should she apply for adjustment of status in the US or in Mexico?

5. Any other advice?

 

 

Thanks for your help

[geowrian 22,337]

1. Answer the form honestly as of the date you send it.
2. See #1
3. She can continue visiting as long as - and for as long as - CBP permits her to do so. As a Mexican citizen, she can receive a new I-94 each time.
   1. That said, keep in mind entry is at CBP's discretion. Having a USC spouse, USC child, and pending immigrant petition are negative factors. Spending too much time in the US can raise questions about if she is just visiting or using a tourist visa to live in the US.
4. AOS is only available within the US. She can only do so while she remains in the US, and exiting the US without AP or a green card would abandon the AOS application. ETA: ~4-7 months for AP from the date of filing. She cannot leave the US and come back with intent to file for AOS. Whether it's better to do AOS now or do consular processing 9for an immigrant visa) abroad is a personal decision based on your circumstances and goals. AOS has many drawbacks (can't travel abroad and can't work for several months, costs more, etc....the only real advantage is getting to spend the waiting time within the US).
5. Read the guides and all forms + instructions until you understand them clearly. Ask questions as needed.

Edited January 8, 2019 by geowrian

[chickenavocados 4]

6 minutes ago, geowrian said:

1. Answer the form honestly as of the date you send it.
2. See #1
3. She can continue visiting as long as - and for as long as - CBP permits her to do so. As a Mexican citizen, she can receive a new I-94 each time.
   1. That said, keep in mind entry is at CBP's discretion. Having a USC spouse, USC child, and pending immigrant petition are negative factors. Spending too much time in the US can raise questions about if she is just visiting or using a tourist visa to live in the US.
4. AOS is only available within the US. She can only do so while she remains in the US, and exiting the US without AP or a green card would abandon the AOS application. ETA: ~4-7 months for AP from the date of filing. She cannot leave the US and come back with intent to file for AOS. Whether it's better to do AOS now or do consular processing 9for an immigrant visa) abroad is a personal decision based on your circumstances and goals. AOS has many drawbacks (can't travel abroad and can't work for several months, costs more, etc....the only real advantage is getting to spend the waiting time within the US).
5. Read the guides and all forms + instructions until you understand them clearly. Ask questions as needed.

Thank you this was very helpful.

 

Since she is planning on continuing to work in TJ she would probably be crossing daily so a consular processing for an immigrant visa sounds like it would have the best result for us.

[geowrian 22,337]

7 minutes ago, chickenavocados said:

Thank you this was very helpful.

 

Since she is planning on continuing to work in TJ she would probably be crossing daily so a consular processing for an immigrant visa sounds like it would have the best result for us.

Yeah, if she plans to continue working during the process then that would be the way to go.

 

Best wishes & good luck.

[Khallaf 650]

40 minutes ago, chickenavocados said:

Thank you this was very helpful.

 

Since she is planning on continuing to work in TJ she would probably be crossing daily so a consular processing for an immigrant visa sounds like it would have the best result for us.

like @geowrian said the more she comes in goes the more likely they will grow suspicious and stop letting her in as it is all at the discretion of CBP keep that in mind with her back and forth travel.

 

good luck in your journey.

[USS_Voyager 1,972]

1 hour ago, chickenavocados said:

Thank you this was very helpful.

 

Since she is planning on continuing to work in TJ she would probably be crossing daily so a consular processing for an immigrant visa sounds like it would have the best result for us.

Yes, I would agree that is the best course of action. You file the I-130, you guys just keep doing what you're doing with the work in TJ and traveling back and forth. As others mentioned, there might be a point where she tries to enter and CBP won't let her. At that point, she just has to wait until she gets the immigrant visa and enters as LPR.

[pushbrk 12,879]

3 hours ago, Khallaf said:

like @geowrian said the more she comes in goes the more likely they will grow suspicious and stop letting her in as it is all at the discretion of CBP keep that in mind with her back and forth travel.

 

good luck in your journey.

Since she has global entry set up, I doubt she'll have any trouble with CBP.

 

To the OP.  You may have done a lot of research but it doesn't sound like that research included careful study of the I-130 and I-130a instructions.  Answer questions truthfully, not based on what you think you would be better off doing.  That's called LYING.  You are ALWAYS better off telling the truth, but certainly in the US immigration process.

[carmel34 3,626]

I believe in order to qualify for Direct Consular Filing from a foreign country where the US embassy or consulate allows it, the US citizen spouse needs to be at least a 6-month resident of the country in which the petition will be filed, in this case, Mexico.  OP, the USC, is a resident of California, so the I-130 petition would have to be submitted to the lockbox in the US and the process would take on average 14 months.

[chickenavocados 4]

17 hours ago, pushbrk said:

Since she has global entry set up, I doubt she'll have any trouble with CBP.

 

To the OP.  You may have done a lot of research but it doesn't sound like that research included careful study of the I-130 and I-130a instructions.  Answer questions truthfully, not based on what you think you would be better off doing.  That's called LYING.  You are ALWAYS better off telling the truth, but certainly in the US immigration process.

 

Well this is where I am in a bind. If we were to say that she is currently living with me (even though she is still working in Tijuana) wouldn't that be against the law? I don't want to end up in a situation where my wife and the mother of my child is stuck on the other side of the border

 

Thanks

[geowrian 22,337]

3 minutes ago, chickenavocados said:

Well this is where I am in a bind. If we were to say that she is currently living with me (even though she is still working in Tijuana) wouldn't that be against the law? I don't want to end up in a situation where my wife and the mother of my child is stuck on the other side of the border

Lying on a form signed under threat of perjury is a crime, yes. Lying on any form or to any immigration officer is also a major issue with severe consequences.

The truth is what it is...never, ever provide an answer you think sounds better over one that is the truth. There's plenty of stories on this website where people have created very bad situation as a result...often with the opposite result than what they desired (e.g. lying to avoid being separated -> permanent bar on any visa).

 

As for the specific question being asked on the form, is she "living with you" or visiting you and just staying at your residence? Those are 2 different things. Assuming she is a visitor to the US and not violating that status, the answer seems pretty clear.

[chickenavocados 4]

10 minutes ago, geowrian said:

Lying on a form signed under threat of perjury is a crime, yes. Lying on any form or to any immigration officer is also a major issue with severe consequences.

The truth is what it is...never, ever provide an answer you think sounds better over one that is the truth. There's plenty of stories on this website where people have created very bad situation as a result...often with the opposite result than what they desired (e.g. lying to avoid being separated -> permanent bar on any visa).

 

As for the specific question being asked on the form, is she "living with you" or visiting you and just staying at your residence? Those are 2 different things. Assuming she is a visitor to the US and not violating that status, the answer seems pretty clear.

 

Yes she is living with me, however it would be very easy for us to rent an apartment in TJ if this would make it easier and look better for immigration purposes

 

 

Edited January 9, 2019 by chickenavocados

[aaron2020 11,651]

Hi.

 

Here is a case where you have to make a choice.  

 

She stays in the US and you file for AOS which would be safest.  She will have to wait 5-6 months for AP in order to legally work in the US and be able to leave and reenter to continue the AOS process.

 

Alternatively, she could be stuck outside the US while waiting for consular processing.  She can not live in San Diego.  She can be refused entry at anytime.  

 

You will have to make a choice.  Is her being able to work important?  Are you okay with her staying in the US without being able to work or leave for 5-6 months?

 

You can't have her live in San Diego with frequent international travel and file for AOS.  

[aaron2020 11,651]

37 minutes ago, chickenavocados said:

 

Well this is where I am in a bind. If we were to say that she is currently living with me (even though she is still working in Tijuana) wouldn't that be against the law? I don't want to end up in a situation where my wife and the mother of my child is stuck on the other side of the border

 

Thanks

Yes, it's against the law for her to be living in the US without the proper status.  A B-2 is not for living in the US.

 

If you don't want her to be stuck in TJ, then file for AOS.  She will have to stay in the US and wait for her AP/EAD card before she can leave the US and re-enter.

[chickenavocados 4]

1 hour ago, aaron2020 said:

Yes, it's against the law for her to be living in the US without the proper status.  A B-2 is not for living in the US.

 

If you don't want her to be stuck in TJ, then file for AOS.  She will have to stay in the US and wait for her AP/EAD card before she can leave the US and re-enter.

 

1 hour ago, aaron2020 said:

Yes, it's against the law for her to be living in the US without the proper status.  A B-2 is not for living in the US.

 

If you don't want her to be stuck in TJ, then file for AOS.  She will have to stay in the US and wait for her AP/EAD card before she can leave the US and re-enter.

 

 

okay well sounds like this is the best choice then rather than trying to ad-hoc our way through it.

 

We will apply for the AOS

 

Thanks

[chickenavocados 4]

6 hours ago, geowrian said:

Lying on a form signed under threat of perjury is a crime, yes. Lying on any form or to any immigration officer is also a major issue with severe consequences.

The truth is what it is...never, ever provide an answer you think sounds better over one that is the truth. There's plenty of stories on this website where people have created very bad situation as a result...often with the opposite result than what they desired (e.g. lying to avoid being separated -> permanent bar on any visa).

 

As for the specific question being asked on the form, is she "living with you" or visiting you and just staying at your residence? Those are 2 different things. Assuming she is a visitor to the US and not violating that status, the answer seems pretty clear.

I have another question for you since you seem to be knowledgeable on this topic

 

She has a i94 that is expired however she was admitted into the US without requiring an additional i94.

 

Should I reflect this on the i485 or should I leave it blank?

 

Thanks