Crazy Cat

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Every couple has their own priorities, and each couple must decide which visa is better for their situation. Also keep in mind that some countries are currently banned from entering the US via immigrant visas. I don't think Ecuador is currently on this list. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Failing to marry/submit a proper I-485 within 90 days of entry can result in foreign spouse to be out of status and deportable. Spouse can not leave the US until she/he receives approved Advance Parole (up to 3-9 months) Spouse can not work until she/he receives EAD (up to 3-9 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. If US spouse declines to participate in Adjustment of Status, the foreign spouse will have a very difficult avenue to legally remain in the US. Currently, shorter time from submitting I-129F to US entry via visa. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises.

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I think you are correct...

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If trying to adjust status from a B2 or VWP, yes, imo.

I think that is very possible...and rightfully so, imo.

My reading is that those returning to home country would be required to pursue actual immigrant visas.....but I could be wrong.

But a stipulation for a student visa is that you must return to home country after education is finished.

I think the memo closes the door for AOS from truly non-immigrant entries into the US (such as Student Visas, VWP, B2)....except for extraordinary situations. Not clear what "extraordinary" means right now.

On day 91 after entry, she was out of status and removable. She will remain in danger of deportation until she files a proper I-485. Marriage to a US citizen confers no right to stay in the US. I strongly recommend you borrow the money and file immediately. This is neither the time nor administration to take chances.....my opinion. This VJ thread demonstrates the danger.

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Certainly seems that way sometimes.....LOL.