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The intending immigrant isn’t an LPR until CBP stamps the passport and gives them a class of admission. IR-1/CR-1, like any visa, only confer the right to ask for admission. It’s worth making this distinction since if you don’t meet the requirements of the class of admission they can deny entry — though in the case of family reunification visas this only practically applies to Canadians wanting a green card to work/visit while still residing in Canada. Though like I said above, there’s really no reason not to ask about it.

The worst they can do is say no and admit you as CR-1 at that point. There are practically zero denials of entry for people on family reunification visas except at the Canadian border if the intending immigrant makes it clear they don’t plan on actually moving to the U.S. and even that is pretty rare. Most CBP officers are reasonable people. Some are jerks — I find DFW ones to be particularly short with you — but even in the unlikely event that they get mad because you asked, it won’t have any impact on you other than potentially having to file I-90 for free with USCIS, which isn’t any different a place than you were in before asking.

I guess I can add https://egov.uscis.gov/processing-times/ to my list of government sponsored random number generators. Current average is 14-17 months with 14.5 being the newest cases currently approved.

What country? That matters. Also any criminal issues on your part or the part oh the beneficiary?

If you’re a straightforward case (i.e. no legal issues related to crimes or immigration and have evidence of the relationship being real) you should be able to DIY it. That being said if you have the funds and value it, hiring a lawyer doesn’t hurt. Depends on what you place more value on and risk tolerance. We were a straightforward case and I’m somewhat obsessive over details, so we saved the money and didn’t use a lawyer. Others here used a lawyer because they had the means and it gave them comfort. Ultimately it’s your call. If it’s a complicated case always involve a lawyer.

Yes. Yes. Yes. While USCIS theoretically reviews all admissions and compares dates before issuing the GC, if CBP admits as CR-1, they will sometimes screw it up and issue a 2 year green card (not always.) In many (probably most) cases they correct it, but I see no benefit in giving then the chance to screw it up. I’ve never seen a case on here or IRL where they’ve screwed up if you ask CBP nicely to change admission class to IR-1 after 2 years. Some POE are stricter on not doing it than others, but it costs you nothing to ask them kindly.

A lot to unpack here: 1) There is no 90 day rule for USCIS. It’s guidance in the Foreign Affairs Manuel (FAM) for consular officials on when to assume misrepresentation in cases that they also need to be involved in, which these days mainly deals with people who entered the country without presenting themselves for inspection so is largely irrelevant. That it impacts AOS is one of the great urban legends in the immigration world. 2) Getting married can be a red flag for CBP, which is why my advice is to always say you’re entering for a vacation or tourism — this is not misrepresentation if your intent is to do a destination wedding in the U.S. and return. If you plan on doing AOS it likely is. There’s a document out there somewhere where USCIS’ internal appeals body distinguishes between “vacation” with intent to return and “vacation” with intent to adjust status. The short of it is so long as they don’t ask follow-ups and you return to Mexico it’s sufficient. @TBoneTX has a good standard line if they do ask follow-ups about if you’re getting married for how to honestly answer. 3) With all the above said, you are allowed to change your mind once you get here; the law on this is somewhat complex, but the short is that the only thing that is a bar to doing this is lying or misrepresentation to CBP when you enter. There’s a lot of myths around this topic on both the pro-AOS and anti-AOS sides which is why you see so much discussion on the 90 day rule above, people talking about if they can adjust after marriage, etc. The most straightforward and legally sound thing to do is enter on B1/B2, get married, and head back, and then have your wife file I-130. If you do that you won’t have to worry about any of the grey areas that people waste so many pixels discussing.

Link in English to the details for OP. Not as stringent as a lot of South America, but still a decent amount of red tape. Requires the foreigner to get their birth certificate apostilled and translated as well as to undergo medical exams in Mexico. OP — My suggestion would be to fly in and do the wedding stateside since that avoids needing a translation for USCIS and the red tape of marriage in Mexico, but ultimately it’s a choice for the two of you and like pushbrk mentioned, there’s a lot of options.

It is perfectly legal to enter the U.S. as a tourist to get married and then return to your home country. We did it in December on my husband’s ESTA. Utah is also an option, but you’d have to meet in person after. I’m not sure about Mexico, but in general Hispanic countries are known for ridiculous red tape around civil marriage. There’s a three week waiting period in Chile, for example, and they’ve been known to make foreigners hire translators for the ceremony. Running down for a “quick” marriage in Latin America isn’t usually that quick. Your fiancée can file the I-130 the second you’re married. It’s usually best to wait until CBP has recorded your exit from the country, though, which can be checked online on the I-94 website.

Yeah, it’s definitely not the best rewards card but we were more concerned about getting an unsecured card in his name to build his credit while he was waiting on the CR-1 process. No annual fee and friendly to people with no credit history was high on the list… plus I got a referral bonus of 15,000 Amex points!

Yes, but as a prominent member here points out every time this comes up, plenty do since super-technically MFS requires an ITIN too and there are people who don’t feel like paper filing or going through the ITIN process. Why the computer requires a tax ID for people who aren’t eligible without MFJ is beyond me. It’s not materially different from MFS unless you live in a community property state, are eligible for certain anti-poverty credits, or make more than $120k. Your tax advisor isn’t allowed to use the word “materiality” with you until it’s on the third round with the IRS, but you’re allowed to consider it when making choices on your tax filings and the IRS does when taking enforcement action. That being said, I agree with you. It’s almost never beneficial in these cases to file MFS or single. The main reason is you don’t feel like paper filing, but you’ll eventually need to paper file to amend anyway, so that makes no sense to me either. Especially with the access to the U.S. banking and credit system that an ITIN brings. For most people it should be a no brainer, and I think we should talk more about those benefits.

Thanks; I think what got us approved was using my income as his. Amex is willing to take risks with no credit history if there’s sufficient income, so it worked in our favor. Like you said — it really helps with building the credit history which is the main reason we did it. I know the file jointly vs. file single debate is always difficult for people, so wanted to provide context for why filing jointly with an ITIN can help while you’re waiting. Obviously it’s not for everyone, but it provides a lot of non-tax benefits as well,

Are they or have they ever been a member of the Communist Party/youth league? Or association with someone who was? That would be the first thing that I’d think of that might complicate things from a communist country. It’s still an admissibility issue. Not assuming anything, just trying to think of things that might cause delay if USCIS became aware and there’s no issue on the petitioner end.

Got it; and best of luck. To be clear, no judgement on my part, but I think you’re unfortunately in a lot harder place than most others so collecting as much evidence as you can in preparation for the eventuality that you’ll file either K-1 or CR-1 would be best. As others have said, for K-1, it’ll eventually have to be on paper.

It’s also Adam Walsh Act, which means a lawyer absolutely should be involved. OP — the best advice you see going to get here is to find a competent lawyer with experience in these areas and do exactly what they say. Emphasis on competent. Your post history also suggests multiple partners from Ukraine within the last year (posted about a female partner there on 9/6/24 and then asked for matchmaking references later that month) so I second the suggestion to front load as much as possible. If it smells fishy to people on an immigration forum that are generally pro-immigrant, it’ll also probably smell fishy to USCIS.