US Citizen, helping wife get green card. What is the best way?

[NYMGLeMTG 0]

I am a US citizen. I have lived in a country in Latin America for 20 years. I have residency here.  I married a woman 16 years ago and have two children born here in Latin America. Both children have US citizenship now. We want to move to the USA. My wife has a US B1/B2 tourist visa. What is the best way to go about the us residency process for her? Ideally, we would all move together in January when I start my new job. However, I feel like there could be a problem if she enters with her B1B2 visa and then applies for a green card.

I do have a job offer and I just signed the contract. I have residency in the Latin American country and I think, from what I could tell, our situation would qualify for Direct Consular Filing. Does anyone know where I can find a list of embassies that accept DCF? How likely would it be able to get approved for DCF?  Our priorities are to avoid family separation (everyone's priorities). 

[carmel34 3,646]

19 minutes ago, NYMGLeMTG said:

I do have a job offer and I just signed the contract. I have residency in the Latin American country and I think, from what I could tell, our situation would qualify for Direct Consular Filing. Does anyone know where I can find a list of embassies that accept DCF?

Contact the US embassy in your country of residence and request DCF for exceptional circumstances (your job offer in the US and relocation).  It is up to them to decide if they will allow DCF in your case, it is possible at any US embassy/consulate, but is at their discretion.  Even if they allow DCF, it is unlikely to be processed by January, that is only a few weeks away, and DCF typically takes a few months.  Is there any way you can delay your start date in the US?  If they deny the DCF, you will have to go through normal consular processing (1-2 years).  Entering the US with a tourist B2 visa with the intention of staying and adjusting status is visa fraud.  Don't even think about it as it could cause big problems.

[OldUser 6,978]

18 hours ago, carmel34 said:

Entering the US with a tourist B2 visa with the intention of staying and adjusting status is visa fraud.  Don't even think about it as it could cause big problems.

Agreed, plus the choice of words "helping to get GC" is something officials may not like to hear.

 

CR1 route or DCF are the options.

[Just Paul 4,595]

DCF is the best way to go. B2 is a non starter.