Getting a green card Military Spouse

[DianaGC 0]

My husband and I got married on el Paso Texas on May 27th 2010, i went back to mexico to prepare our religious ceremony (Agust 2010). I came to the US on a tourist visa on Oct 2010. Can we still file for an status adjustment (green card)? He is in the military and the person of USCIS on the base told us to file the package and I'd get it in 90 days, he never warned us of our petition gettin rejected or telling us we can not do that cause i came as a visitor, but i have been researching and lot of websites says that if we attempt that they might rejected it and will cancel my tourist visa and have a penalty of not being allowed to enter to the States. Is this true? We are planning to file the petition next week since my I94 expires in March. I got pregnant in November and we want our baby to be born here . Please help. Thanks!!

[Inky 1,110]

Well your not here on a family based visa, so this post needs to be moved. You entered on a tourist visa.

There is no USCIS on base, its a military immigration help center and they don't always have the facts correct. Being married to military wont make a difference on the AOS application, it will be treated as any other persons application for AOS.

You need to be able to prove that you did not enter as a tourist with intent to immigrate.

[Darnell 8,478]

El Paso is a US Territory, still - what visa did you use to enter into El Paso for the 27 MAY 2010 wedding?

[JimVaPhuong 4,863]

El Paso is a US Territory, still - what visa did you use to enter into El Paso for the 27 MAY 2010 wedding?

Huh? El Paso is a city in Texas, just across the border from Juarez!

[DianaGC 0]

We went to the City Hall and they told us we just needed my passport and Birth Certificate. I entered with my B1/B2 visa, since they told us K1 was not needed to get married there since I was not staying after the ceremony and I was going back to Mexico.

[Darnell 8,478]

ok - thanks for the clarification.

ONE PATH available to you - to chase after a CR-1 visa - is to file the I-130 (solely) into USCIS, request an expedite in a cover letter.

Then expect to go back to Mexico prior to your I-94 expiring, then come back on the same B-2, later, to wait out the process.

At some point, will have NVC processing, should get lucky, have Mexico Electronic Processing for CJ, then

you'll have to get medical exam and interview in Cuidad Juarez.

--

another path, that I do not advise (others might) - is to stay in USA, file the big AOS package (see the guides for the list o documents) - but there are dangers there - you came INTO El Paso to get married, so you may or may not have a problem with showing immigrant intent along the process. Hard to say, if I were in yer shoes I'd not make the attempt for AOS. You did go back to Mexico after the marriage, so that's a plus in your favour.

Edited February 10, 2011 by Darnell

[DianaGC 0]

Im 4 months pregnant, I got pregnant 3 weeks after I got here in Oct (we didn't plan it, it just happened). My husband and I want the baby to be born here. If I go back to MExico we won't be allowed to go down there since my hometown is on the "Out of Limits" list on (Prohibited Places) the Army and he'd miss watching our baby being born (due on July 25th)and right after that he would be deploy to Iraq (August). I dont wanna go back to my hometown cause it is really violent and dangerous to live there, lot of drug and cartel problems. We were planning on file the petition but now that I have been reading all this im really worried, I dont wanna put my baby through any type of stressful, dangerous situation..

My bad: I misspelled: If I go back to Mexico HE wont be allowed to go there...

[Penguin_ie 5,987]

***** Moving to AOS from Tourist visas as that is how the OP came in on *****

Him being deployed in August, you could ask for an expedite if you decide to go back home and file for a CR-1. I think you have a chance at AOS, but you'll need to prove you didn't intend to immigrate when you lastr came over, which may be difficult.

[Boiler 43,798]

I have never seen a report from anybody who was asked to prove they did not have immigrant intent.

It seems that even a comment or remark is unusual.

[Messybrownhair 251]

Expedite!!!

Worked for us for k1, hoping to have the same results for AOS because he is deploying end of this year.. \

Hopefully you get it sorted out soon! Congrats on the baby and I wish you all the best!!!

[Harpa Timsah 13,258]

I think you should AOS. I don't know if you were planning to immigrate on your tourist visa (I hope not), but your circumstances changed with the pregnancy (which happened while in US).

Intent itself is not used alone to deny a AOS application. The only thing you should make sure of is that you did not lie at the border (never lie).

Good luck.

[Penguin_ie 5,987]

I have never seen a report from anybody who was asked to prove they did not have immigrant intent.

It seems that even a comment or remark is unusual.

I have, but for friends who came on the VWP.

[Pegworth 2]

I remember reading another a post about babies being born to an American parent abroad I think the child will automatically get US citizenship. I'm not

%100 sure so you should check it out. Perhaps some one else here could share their experience of a child being born to a US citizen abroad. If I'm right though it will take the pressure off as to where you give birth during the immigration process. I'm sure being pregnant is enough to worry about at the moment. Good luck.

[Myopia 93]

My husband and I got married on el Paso Texas on May 27th 2010, i went back to mexico to prepare our religious ceremony (Agust 2010). I came to the US on a tourist visa on Oct 2010. Can we still file for an status adjustment (green card)? He is in the military and the person of USCIS on the base told us to file the package and I'd get it in 90 days, he never warned us of our petition gettin rejected or telling us we can not do that cause i came as a visitor, but i have been researching and lot of websites says that if we attempt that they might rejected it and will cancel my tourist visa and have a penalty of not being allowed to enter to the States. Is this true? We are planning to file the petition next week since my I94 expires in March. I got pregnant in November and we want our baby to be born here . Please help. Thanks!!

I agree with Harpah. Your situation did change. You got pregnant! Congratulations on the pregnancy too.

You should file within the US. You may be able to expedite the AOS whilst in the US because of your husbands imminent deployment if it does seem to be taking a long time.

Will you go with him when he gets his orders? (Assuming that he is going to somewhere that you can go with him too?)

[Inky 1,110]

I agree with Harpah. Your situation did change. You got pregnant! Congratulations on the pregnancy too.

You should file within the US. You may be able to expedite the AOS whilst in the US because of your husbands imminent deployment if it does seem to be taking a long time.

Will you go with him when he gets his orders? (Assuming that he is going to somewhere that you can go with him too?)

Family are generally not put on Iraq deployment orders. OP said that he will be going to Iraq.

I remember reading another a post about babies being born to an American parent abroad I think the child will automatically get US citizenship.

They do not get it "automatically" they are US citizens but the father has to sign the birth certificate be there for the birth and apply for a CRBA and US passport at the US consul in the country the baby is born at. Since the OP said her husband cannot go to where she lives that does not really work.