Adjustment of status after marriage in foreign country

[Crazy Cat 39,136]

4 minutes ago, florida racer 73 said:

That seems to happen when they get advise they do not like or want to hear :-)

 

Ain't that the truth!!! 

[Barry Krebs 13]

The way I interpreted is you can enter on a tourist visa and then get married after 90 days in the US.  But I think you are doing this all wrong.  If you are legally married in Brazil and DHS recognizes the marriage certificate,  your wife should instead opt for consular processing.   Adjustment of status is discretionary with DHS and just because you are a USC married to a foreign national does not in anyway make it automatic.  In fact your wife maybe arrested by ICE on the spot if the examiner for your AOS case suspects fraud.  Normally in such cases you and your wife would be taken to the frauds unit of the office where you would be going for your AOS interview and each of you would be questioned separately, but the Trump administration has their own agenda in regards to this.  Case in point:  We have a friend who is from Canada and is having problems with DHS.  He tried consular processing and now is eligible for AOS because things got messed up with the consulate.  Lucky he is retired and gets Canada Pension, Social Security (from his USC wife) and a pension from GM so he does not have to work.  He has a legal issue that he is trying to overcome.  He is married to his wife close to 30 years (they lived in Canada initially but now live in Florida).  His immigration case has dragged on for over four years.  Assuming your wife never applied for permanent residence previously, do the right thing.  And the thing is that as long as your marriage is recognized by the US, consular processing is the way to go.  Don't judge it by my friend's case as each is different.  All being well, you will be successful in this method vs getting a green card in the US.     

[Ksenia_O 695]

4 hours ago, Bill & Katya said:

The OP said the lawyer told him all she has to do is get a tourist visa and come here to adjust.  At least to me that implied she did not possess a tourist visa at this time.

From OP's quote: "... Well she got the tourist visa and her flight is scheduled in 3 weeks."

 

So, she has a visa already.  And seems like they will just follow the "plan", regardless all advises/warnings given here, since her flight has been already scheduled...

Edited June 25, 2018 by Ksenia_O

[Crazy Cat 39,136]

4 minutes ago, Ksenia_O said:

From OP's quote: "... Well she got the tourist visa and her flight is scheduled in 3 weeks."

 

So, she has a visa already.  And seems like they will just follow the "plan", regardless all advises/warnings given here, since her flight has been already scheduled...

Agree.  I just hope she is prepared for the consequences.....they could be painful.

[yuna628 9,525]

4 minutes ago, Ksenia_O said:

From OP's quote: "... Well she got the tourist visa and her flight is scheduled in 3 weeks."

 

So, she has a visa already.  And seems like they will just follow the "plan", regardless all advises/warnings given here, since her flight has been already scheduled...

Exactly.

 

 

Have wife go to border with tourist visa and tell the CBP their intentions. You'll find out if the lawyer is telling the truth or not very soon. I guarantee its the foolproof way to find out if the OP isn't sure on what the posters here are saying yet.

[Dashinka 23,162]

15 minutes ago, Ksenia_O said:

From OP's quote: "... Well she got the tourist visa and her flight is scheduled in 3 weeks."

 

So, she has a visa already.  And seems like they will just follow the "plan", regardless all advises/warnings given here, since her flight has been already scheduled...

Apologies, I stopped reading after hearing what the lawyer suggested.

[Dashinka 23,162]

2 hours ago, Boiler said:

OP seems to have gone.

Maybe they will be back in a few weeks if their spouse is turned away by CBP.

[Ksenia_O 695]

1 minute ago, Bill & Katya said:

Apologies, I stopped reading after hearing what the lawyer suggested.

You are right - no sense to keep reading , plus seems like OP "has disappeared"

[florida racer 73 200]

 

Edited June 25, 2018 by florida racer 73

[yuna628 9,525]

1 minute ago, florida racer 73 said:

I never disappeared and I did continue answering

 

Nice try, if you want to take a cheap shot at me try again!

 

Are you the OP of this thread now?

 

 

[Paul & Mallory 1,398]

Wow. I wonder if it'll ever cease to amaze me how terrible some (most?) lawyers seem to be at giving legal advice, at least when it comes to immigration.

 

Of course, it's all with a grain of salt - we take the OP's word for it when these threads are posted that it's the exact information given from their lawyer, or was given by a lawyer at all.

[florida racer 73 200]

4 minutes ago, yuna628 said:

Are you the OP of this thread now?

 

 

I was responding to someone else about a different thread

 

geez, chill out...... these threads are getting like facebook

 

 

Edited June 25, 2018 by florida racer 73

[yuna628 9,525]

4 minutes ago, florida racer 73 said:

I was responding to someone else about a different thread

 

geez, chill out...... these threads are getting like facebook

 

 

Well it's just that the VJ bible says we're not to import things that happened in another thread into a new thread, as that causes a lot of confusion.

[Boiler 43,361]

ToS is my Bible, should be yours.

[florida racer 73 200]

3 minutes ago, yuna628 said:

Well it's just that the VJ bible says we're not to import things that happened in another thread into a new thread, as that causes a lot of confusion.

its all good, just responding to someone else. I did not import it

 

TY