i-130/i-485 pending while i-94 still valid.

[Bengalita 13]

(Names have been changed to protect privacy)

Scenario: Angela is a US Citizen. She traveled to Mexico to do mission work and fell in love with Leonardo and married him in Mexico. Leonardo and Angela continued to reside in Mexico after being married in 2006. (Leonardo has a tourist visa to come to the USA and has visited the USA, but always resided in Mexico. Never overstayed his visits to the USA).

Angela and Leonardo decided to come back to the USA in 2009. Since Leonardo's visa is still current, he was able to come in the USA legally, and his i-94 currently has the expiration date of January 2010. Leonardo was NOT questioned as to his marital status at the Port of Entry. He simply told the Officer that he was headed to Atlanta after spending some time w/ friends in Laredo, TX.

However, certain circumstances transpired in Mexico during the first month that Leonardo and Angela were in the USA, and they decided they would not travel back to Mexico, rather decided that they would stay in the USA and live here. Angela decided to go ahead and petition for Leonardo. So, Leonardo was basically here in the USA for 2 months before Angela filed on his behalf the i-130/i-485/i-765 simulateously.

My question is this: Is Leonardo going to have any problems in his interview here in the USA? It's not like he came to the USA to commit visa fraud and marry a USC. He was already married to her 3 years prior to him coming to the USA.

Thanks!

MC

[john_and_marlene 162]

Is Leonardo going to have any problems in his interview here in the USA?

No

[Otto 83]

So - the question is - does the fact that your husband entered the US with a tourist visa with intentions of remaining, potentially have problems?

Yes - potentially it could appear that he entered this way in an attempt to circumvent US Immigration law. (Doesn't matter that the CBP officer didn't ask the 'magic' question.)

Edited September 14, 2009 by Otto und Karin

[Urge To Race 2]

Actually, had Leonardo and Angela not been married and married while he was in the US on a tourist visa, he would likely have no problems. This happens quite often, and USCIS usually takes the couples word for the fact that they did not have the intention to marry and married spontaneously without further proof required.

Here, they were married, he entered on a tourist visa then applied for AOS. There is no question of spontaneity.. it looks like fraud. No digging is needed, it is right in front of the USCIS officer. Now, it comes down to what happened that made them decide not to go back, is the reason compelling and unexpected enough to make this all fly?

If at all possible, the couple should return to Mexico and try to DCF to get a IR visa.

(Names have been changed to protect privacy)

Scenario: Angela is a US Citizen. She traveled to Mexico to do mission work and fell in love with Leonardo and married him in Mexico. Leonardo and Angela continued to reside in Mexico after being married in 2006. (Leonardo has a tourist visa to come to the USA and has visited the USA, but always resided in Mexico. Never overstayed his visits to the USA).

Angela and Leonardo decided to come back to the USA in 2009. Since Leonardo's visa is still current, he was able to come in the USA legally, and his i-94 currently has the expiration date of January 2010. Leonardo was NOT questioned as to his marital status at the Port of Entry. He simply told the Officer that he was headed to Atlanta after spending some time w/ friends in Laredo, TX.

However, certain circumstances transpired in Mexico during the first month that Leonardo and Angela were in the USA, and they decided they would not travel back to Mexico, rather decided that they would stay in the USA and live here. Angela decided to go ahead and petition for Leonardo. So, Leonardo was basically here in the USA for 2 months before Angela filed on his behalf the i-130/i-485/i-765 simulateously.

My question is this: Is Leonardo going to have any problems in his interview here in the USA? It's not like he came to the USA to commit visa fraud and marry a USC. He was already married to her 3 years prior to him coming to the USA.

Thanks!

MC

[john_and_marlene 162]

With the scenario you have described, you will not have problems staying in the U.S. and adjusting status. You do not need to return to Mexico and file for a spousal visa (The suggestion to do so does not show a thorough understanding of the situation or previous legal rulings as they relate to adjustment of status for family members of a USC).

Edited September 14, 2009 by john_and_marlene

[Otto 83]

With the scenario you have described, you will not have problems staying in the U.S. and adjusting status. You do not need to return to Mexico and file for a spousal visa (The suggestion to do so does not show a thorough understanding of the situation or previous legal rulings as they relate to adjustment of status for family members of a USC).

Doesn't mean the subject won't come up in the interview - which would lead a reasonable person to believe that since it could come up, there could be potential land mines.

[visacheck 3]

With the scenario you have described, you will not have problems staying in the U.S. and adjusting status. You do not need to return to Mexico and file for a spousal visa (The suggestion to do so does not show a thorough understanding of the situation or previous legal rulings as they relate to adjustment of status for family members of a USC).

Doesn't mean the subject won't come up in the interview - which would lead a reasonable person to believe that since it could come up, there could be potential land mines.

The subject could also not come up in the interview.

My wife and i got married in the Philippines in 2007. I came here in 2008 with B1/B2 visa and adjusted status. I was never asked why i decided to stay.

Lucky me!

[john_and_marlene 162]

With the scenario you have described, you will not have problems staying in the U.S. and adjusting status. You do not need to return to Mexico and file for a spousal visa (The suggestion to do so does not show a thorough understanding of the situation or previous legal rulings as they relate to adjustment of status for family members of a USC).

Doesn't mean the subject won't come up in the interview - which would lead a reasonable person to believe that since it could come up, there could be potential land mines.

Unless there was misrepresentation at the POE, it doesn't matter that the subject may come up. Even if it is determined at the interview that there was prior intent to immigrate, the adjustment cannot be denied based on the prior intent for USC family members.

With the scenario you have described, you will not have problems staying in the U.S. and adjusting status. You do not need to return to Mexico and file for a spousal visa (The suggestion to do so does not show a thorough understanding of the situation or previous legal rulings as they relate to adjustment of status for family members of a USC).

Doesn't mean the subject won't come up in the interview - which would lead a reasonable person to believe that since it could come up, there could be potential land mines.

The subject could also not come up in the interview.

My wife and i got married in the Philippines in 2007. I came here in 2008 with B1/B2 visa and adjusted status. I was never asked why i decided to stay.

Lucky me!

And, it doesn't matter. Why would they even take the time to ask since your adjustment would not have been denied regardless of the answer.