Need Help filling out i-130

[pushbrk 12,886]

6 hours ago, chickenavocados said:

 

 

 

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

You realize that if you do that, and she leaves the US, she will not be coming back and you'll have to start all over.  Once you file for AOS, her B1B2 visa privileges cease.  It sound like she has been misusing her visa, leaving 5 or 6 days a week to go to work but, in reality, she's living in the US, not just visiting.  She is only authorized to visit.  Do you really want her to quit her job, be unemployed for 6 months or more and stuck in the US?  That's how adjustment of status would work for you. 

 

Edited January 10, 2019 by Ryan H
Reason for edit: to remove double post.

[chickenavocados 4]

4 minutes ago, pushbrk said:

You realize that if you do that, and she leaves the US, she will not be coming back and you'll have to start all over.  Once you file for AOS, her B1B2 visa privileges cease.  It sound like she has been misusing her visa, leaving 5 or 6 days a week to go to work but, in reality, she's living in the US, not just visiting.  She is only authorized to visit.  Do you really want her to quit her job, be unemployed for 6 months or more and stuck in the US?  That's how adjustment of status would work for you. 

 

What is the alternative? 

 

Thanks

[pushbrk 12,886]

2 minutes ago, chickenavocados said:

 

What is the alternative? 

 

Thanks

The CR1 visa.  Does she have a family address she can use as her residence address in Mexico?  Since she is not authorized to "reside" in the US, she really is NOT residing in the US.  I don't think she's actually facing any penalty for what she's doing, because she's leaving most days, but that's a technical legal question, and I'm not a lawyer.  She's already been playing fast and loose with US Immigration.  That has to stop now, though or there WILL be consequences.

 

You'll get incomplete advise here sometimes from people.  You also tend to have a tendency yourself to "hear only what you want to hear".  That needs to stop too.  Check out the anonymous quote in my signature.

[chickenavocados 4]

Just now, pushbrk said:

The CR1 visa.  Does she have a family address she can use as her residence address in Mexico?  Since she is not authorized to "reside" in the US, she really is NOT residing in the US.  I don't think she's actually facing any penalty for what she's doing, because she's leaving most days, but that's a technical legal question, and I'm not a lawyer.  She's already been playing fast and loose with US Immigration.  That has to stop now, though or there WILL be consequences.

 

You'll get incomplete advise here sometimes from people.  You also tend to have a tendency yourself to "hear only what you want to hear".  That needs to stop too.  Check out the anonymous quote in my signature.

Hi yes,

 

 

originally we had planned on getting the CR1 visa and having her use her address in Tijuana that she lived with friends since I think it's pretty understandable that she has been staying with me, but I was concerned because other posters have brought up about her being stuck in TJ if we don't do an adjust of status

[pushbrk 12,886]

2 hours ago, chickenavocados said:

Hi yes,

 

 

originally we had planned on getting the CR1 visa and having her use her address in Tijuana that she lived with friends since I think it's pretty understandable that she has been staying with me, but I was concerned because other posters have brought up about her being stuck in TJ if we don't do an adjust of status

And she'll get stuck in TJ the first time she leaves after you file to adjust status.  There is no reason she cannot visit during the visa process.  Read the pinned thread at the top of this forum about that.  Plus, I already said that since she has the global advantage set up (or whatever it's called), she should have zero problems with CBP visiting during the CR1 process.  The AOS process, is what will get her stuck in Mexico if she leaves, or stuck in the US, to avoid getting stuck in TJ.  Pick your poison.

[chickenavocados 4]

14 hours ago, pushbrk said:

And she'll get stuck in TJ the first time she leaves after you file to adjust status.  There is no reason she cannot visit during the visa process.  Read the pinned thread at the top of this forum about that.  Plus, I already said that since she has the global advantage set up (or whatever it's called), she should have zero problems with CBP visiting during the CR1 process.  The AOS process, is what will get her stuck in Mexico if she leaves, or stuck in the US, to avoid getting stuck in TJ.  Pick your poison.

I appreciate the advice.

 

Thank you

[aaron2020 11,651]

Her Global Entry card is scanned every time she enters the US.  How often is she going to visit her husband and child in San Diego?  Every day after work?

 

She can not live in San Diego on a B-2 to await consular processing.  

 

The pinned thread about visiting is about visiting.  Not living in the US.

 

Pick your poison.   She lives in San Diego, then file for AOS and not be able to work until she gets her EAD or leave and reenter the US until she gets AP.  Or she lives in TJ, then file for consular processing with permitted visits.  If CBP determines that she is using Global Entry and her B-2 visa to  live in the US illegally, then you will have a major problem.

[chickenavocados 4]

1 hour ago, aaron2020 said:

Her Global Entry card is scanned every time she enters the US.  How often is she going to visit her husband and child in San Diego?  Every day after work?

 

She can not live in San Diego on a B-2 to await consular processing.  

 

The pinned thread about visiting is about visiting.  Not living in the US.

 

Pick your poison.   She lives in San Diego, then file for AOS and not be able to work until she gets her EAD or leave and reenter the US until she gets AP.  Or she lives in TJ, then file for consular processing with permitted visits.  If CBP determines that she is using Global Entry and her B-2 visa to  live in the US illegally, then you will have a major problem.

She would cross like many 2-3 times a month. She would definitely be visiting until the CR1 is approved and then she would live with me.

 

As I understand it she is allowed to visit for up to 6 months correct?

[pushbrk 12,886]

4 hours ago, chickenavocados said:

She would cross like many 2-3 times a month. She would definitely be visiting until the CR1 is approved and then she would live with me.

 

As I understand it she is allowed to visit for up to 6 months correct?

Six months out of any 12 months, yes.  She needs to be out of the US more than she's in.  As previously stated, it sounds like an agent who does a detailed analysis of her entries would see that she has already clearly misused her visa.  How that would impact the process, would be a judgment call that could go several different ways.  Beware.