Whoops, I hope this can be fixed! AOS - GC ???

[Mediaman89 0]

Please help, any and all information would be great!

My wife is from Mexico, she has here B1 card and passport. I am from Utah. Here is the predicament we are in. We had all our documents approved in Juarez, Mexico and then returned to Baja Mexico and waited for the k1 visa and other documents to arrive. Once they came we re-entered the country in San Diego on the k1,"which is a one time entry" went back to utah, got married civilly and returned back to Mexico for a large religious wedding with all our family. We did not apply for our AOS or GC right away, due to another large wedding already planned. We are in limbo still in Mexico trying to figure out what we need to do or if she can come back into the country? She still has her passport and B1 card even though the K-1 visa is one time entry which we used...

Please any information would help. We have done hours of research and can't find anything regarding our case.

[Zedayn 485]

You need to file now for a spousal visa CR-1. You can no longer adjust status in the US from the original K-1.

[Mediaman89 0]

Can she still enter into the U.S.? No paperwork or anything can be done outside the U.S. So do we just go back to the U.S. and get that done or what? Thanks for the reply.

[Zedayn 485]

If she still has a valid B1 visa, then yes she can still visit the US. However, her entry is not guaranteed and there is a chance she could be denied entry. You can start the process here in the US or there in Mexico, it doesn't matter.

You are basically starting the visa process all over again from scratch. Read this guide on spousal visas to help you get started: http://www.visajourney.com/content/i130guide1

[NorrisSF 16]

Oh man! That's unfortunate! But yes... you might probably have to start the CR1 process... she could try to get into the US with her other visa... but I'm not sure the chances of actually getting in might be too good, plus there's always the implications of what would happen is she is denied entry and how would that affect a CR1... so... you're in quite a pickle my friend. :S Ánimo! You might want to have a little conversation with a lawyer. If only you could have received the AP card before going to the wedding in Mexico...

[Hypnos 6,576]

File an I-130 seeking a CR-1 immigrant visa for your wife. Her B-1 may have already been invalidated when the K-1 was approved.

It will take around a year for her to receive her CR-1. As others have said, it was a poor decision to depart the US without AP, since you essentially wasted the time + effort + money you put into getting the K-1 in the first place.

Edited March 27, 2015 by Hypnos

[xjoseyx 19]

I'm curious why you left the USA if you knew the K1 was a 1 time entry deal? I hope you get it sorted out.

[Mediaman89 0]

Yes it wasn't a smart move but we already had the wedding planned and both sides of

Our famies booked hotels, flights, rental houses etc. We didn't know the K-1 was a one time entry until after we left, we had tunnel vision on the wedding. So is it 100% sure her other stuff was cancelled out and we can't use her B1 card or anything else. Thanks for all the help and replies.

Yes it wasn't a smart move but we already had the wedding planned and both sides of

Our famies booked hotels, flights, rental houses etc. We didn't know the K-1 was a one time entry until after we left, we had tunnel vision on the wedding. So is it 100% sure her other stuff was cancelled out and we can't use her B1 card or anything else. Thanks for all the help and replies.

[Marco&Bettina 502]

Ouch! I just hate reading stuff like this.

I hope you get it all worked out & please, pay attention to details next time.

Edited March 27, 2015 by Marco&Bettina

[TheCaptain 67]

There is no chance of her being eligible to enter under the B1. She will be denied at the port of entry. She has no intention of departing the US once entered on the B1. If she does enter and try to adjust status she has committed visa fraud and will be deported. There is no possible way for them to justify that she entered the US temporarily when she recently entered on a K1.

The only option now is the CR-1 which will need to be filed from Mexico.

[UKUS123 15]

Yikes that sucks. I think you are going to have to go the CR-1 route now. She can't enter on B1/B2 anymore because her intentions are to immigrate.

[MacUK 983]

Although, to be an optimist.

I have heard of people on here who've done a similar and been paroled in at the PoE with a set time frame to get their AoS sorted.

Wasn't there a couple about a year ago who went to Korea or somewhere near there to partake in a mass moonie ceremony who hadn't adjusted before they left?

She was paroled in even though the general consensus here was that she wouldn't be.

I wouldn't count on it happening but US immigration does work in mysterious ways sometimes.

[ChicagoSarah 127]

Although, to be an optimist.

I have heard of people on here who've done a similar and been paroled in at the PoE with a set time frame to get their AoS sorted.

Wasn't there a couple about a year ago who went to Korea or somewhere near there to partake in a mass moonie ceremony who hadn't adjusted before they left?

She was paroled in even though the general consensus here was that she wouldn't be.

I wouldn't count on it happening but US immigration does work in mysterious ways sometimes.

I'd forgotten about the moonie ceremony! I don't recall all the specifics, but I do think it was similar. Or maybe theirs was more of a K1 vs CR1 issue? I think i forgot the details in all the other craziness.

[KayDeeCee 4,891]

Although, to be an optimist.

I have heard of people on here who've done a similar and been paroled in at the PoE with a set time frame to get their AoS sorted.

Wasn't there a couple about a year ago who went to Korea or somewhere near there to partake in a mass moonie ceremony who hadn't adjusted before they left?

She was paroled in even though the general consensus here was that she wouldn't be.

I wouldn't count on it happening but US immigration does work in mysterious ways sometimes.

You mean this case? > http://www.visajourney.com/forums/topic/480862-left-the-country-while-advance-parole-and-aos-were-still-pending/

That case is not the same though. They had already filed for AOS and AP, and had an active I-130. They had even filed for an emergency AP that was denied. The CBP officer temporarily paroled them back in for deferred inspection. They were luckily and graciously allowed to refile the I-485, since the first one was abandoned when they left the country without AP or a green card.