There and Back Again?

[DerZinker 4]

Ok So I just found out from USCIS (website and a phone call) that actually once she's here I can file the I-130 along with a request for Permanent Resident Status and just do it that way. It only applies to spouses or children of a USC, but apparently she could just enter with her B1/B2 and we could file stating that she's already here and do it all within the US. From what I understand there is no real penalty for doing it this way, but they bite you big time in fees with all the other forms you have to file to adjust status (about $1500 or more) and it sounds like a real pain because of all the AOS stuff they make you go through (not like any of the other ways of doing it are exactly painless though lol )

Still, I'd probably spend the same amount of $ travelling to Juarez on a real UNvacation if I do it the normal way

Why didn't anybody tell me about this? Is there any other real disadvantage in doing it this way that I'm not seeing?

[Chica Yeyé 41]

USCIS actually told you she can come in with a tourist visa and adjust status? WOW. You will read over and over in VJ how entering the US with a tourist visa with intent to immigrate is a big , so I would take that advice with a grain of salt. Worth another phone call to those folks... they are well known for being the mis-information line.

[DerZinker 4]

USCIS actually told you she can come in with a tourist visa and adjust status? WOW. You will read over and over in VJ how entering the US with a tourist visa with intent to immigrate is a big , so I would take that advice with a grain of salt. Worth another phone call to those folks... they are well known for being the mis-information line.

Thanks Len. I think I am going to post a new topic altogether for this question. But I'm pretty much sold on doing it this way unless someone can convince me that it won't work. If you read the instructions for the I-130 on the USCIS site now it's right there in Black and White. States that if your non-citizen spouse and / or child is currently in the US (legally) at the time of filing then to indicate such in order to begin the process from within the United States.

The kicker is that, as I was told when I called the guy at USCIS, they really nick you in $ with all the other forms you have to fill out. As I understood it, you have to file individual forms for, say, the medical exam etc.. To name a few (I didn't catch them all, but will in my next call ):

G-325A, I-765, I-693 and an I-4something (in addition to the I-130). One of those alone runs about $1200 (it's an AOS type form). But again, I'd pay roughly that for us both to travel to Juarez and the whole bit and frankly I'd very happily shell out a little extra to not have to go to Juarez and stand in line and do it the 'Traditional' way.

What I don't understand (among other things) is how we could possibly get all of that worked out before her I-94 visa expires, which is usually only good for 180 days? She'd be legal at the time of filing of course (because she'd be here as a visitor), but what happens when they are still processing everything and her I-94 expires ?

[DerZinker 4]

If you read the instructions for the I-130 on the USCIS site now it's right there in Black and White. States that if your non-citizen spouse and / or child is currently in the US (legally) at the time of filing then to indicate such in order to begin the process from within the United States.

Sorry, it's not in the 'instructions' form, it's in the 'what do I file' form (in the section, 'I am a US citizen, How do I...'):

http://www.uscis.gov/files/article/A1.pdf

[pushbrk 12,106]

Ok So I just found out from USCIS (website and a phone call) that actually once she's here I can file the I-130 along with a request for Permanent Resident Status and just do it that way. It only applies to spouses or children of a USC, but apparently she could just enter with her B1/B2 and we could file stating that she's already here and do it all within the US. From what I understand there is no real penalty for doing it this way, but they bite you big time in fees with all the other forms you have to file to adjust status (about $1500 or more) and it sounds like a real pain because of all the AOS stuff they make you go through (not like any of the other ways of doing it are exactly painless though lol )

Still, I'd probably spend the same amount of $ travelling to Juarez on a real UNvacation if I do it the normal way

Why didn't anybody tell me about this? Is there any other real disadvantage in doing it this way that I'm not seeing?

I think you are mixing questions, answers and conclusions to fit the answer you wanted to hear.

IMO, you've perfectly described a fraud scenario in that your wife would be intentionally using a tourist visa to circumvent US immigration laws. As such, your wife could face deportation and a long re-entry ban. You'll want to consult with a qualified immigration attorney before attempting this.

While it is true that the spouse of US citizen now in the US with legal entry may adjust status to permanent resident, this is for people who married in the USA or otherwise entered without intention to circumvent US immigration law.

A careful examination of you questions and answers with USCIS will probably yield data indicating you've used a form of "convenient interpretation" or that the representative was poorly trained and gave the typical misinformation for which they are famous.

If the conclusions you drew were correct, there would be no need for anybody from a visa waiver country or Canada to ever go through a K1, K3, CR1 or IR1 visa process. Not so much.

Edited May 1, 2008 by pushbrk

[MargotDarko 0]

IMO, you've perfectly described a fraud scenario in that your wife would be intentionally using a tourist visa to circumvent US immigration laws. As such, your wife could face deportation and a long re-entry ban. You'll want to consult with a qualified immigration attorney before attempting this.

I strongly agree with this.

[Chica Yeyé 41]

IMO, you've perfectly described a fraud scenario in that your wife would be intentionally using a tourist visa to circumvent US immigration laws. As such, your wife could face deportation and a long re-entry ban. You'll want to consult with a qualified immigration attorney before attempting this.

I strongly agree with this.

Me too. This is why I recommended dhudson to contact an attorney before doing this. It is indeed a perfectly described fraud scenario as push put it.

[DerZinker 4]

Me too. This is why I recommended dhudson to contact an attorney before doing this. It is indeed a perfectly described fraud scenario as push put it.

Thanks all for your responses. I will certainly contact USCIS again before I make the final call to do it this way. Pshbrk may be right, it could just be my selective hearing, wouldn't be a first for me However, I was very clear in describing the potential scenario to the USCIS guy and didn't word it any way so that the results would just go in my favor. In fact, I asked him at least a couple of times what kinds of reprecussions or consequences this route could have and his answer was what I have already posted, that it would cost a bunch of money, but that that was really the worst of it.

The other option would be to just file normally (or DCF as I was leaning towards) and then have her travel back and forth meanwhile. Really the only difference between the two options is that we would have to travel to Juarez and that whole bit and be treated like herded cattle for a couple of days, but thats the only major difference. I expect the outcome to be the same regardless.

While I sincerely do appreciate the feedback from everyone, I've noticed that there's a real gloom and doom mentality on these forums. Its certainly understandable, our immigration system is absolutely horrendus and has undoubtedly caused a lot of heartache for the people posting here. Having been through the system a couple of times before I know that it's no picnic and I too have a pretty negative outlook. But some positive feedback once in awhile wouldn't hurt. At least some optimism for the rest of us.

If I haven't learned anything else from all of my experiences with the USCIS, it's that if you make noise, flap your arms and throw enough tantrums to get your way, you can get them to eventually bend the rules for you (within reason, of course). All it takes is some determination and dedication, and eventually they'll work with you just to shut you up. You may not get a miracle, but you can come pretty close.

What really leaves me scratching my head is that I've been reassured that this way of doing it (bringing her in and adjusting status in the US) is perfectly fine and ideal by many immigrants from all over (namely China and Mexico). I've met with people personally and via various forums who have told me this, all of which were immigrants themselves in some respect. It makes me wonder: either we're the suckers, or foreigners know the best way to exploit the system... or at the very least they know how to make it work to their advantage.

[MargotDarko 0]

I don't mean to sound gloom and doom. I honestly care about others going through this tough process and I really do not want to see anyone taking a route that is not totally legal, getting caught, and suffering the terrible consequences. It is definitely illegal to enter the US under the visa wavier program or a tourist visa with the intention of staying and adjusting status, and we have also seen plenty of people being told incorrect information by USCIS over the phone.

If you have the option of doing DCF, that would be great. That is normally a much smoother and faster process than filing through a US service center. I was fortunate enough to be able to do DCF and live in the UK with my husband while everything was being processed.