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thomasstephanie

Married while on a tourist visa. Should she stay in US and file or go back to Mexico and file?

By thomasstephanie in Adjustment of Status from Work, Student, & Tourist Visas

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thomasstephanie Newbie

thomasstephanie   0

Posted
Filed: Country: Mexico
 Timeline
Posted

Hello,

This is my first time posting and we would appreciate any and all help and info. Our situation is this. We have been dating for almost 3 years, met overseas while she was exchange student and while I was traveling around. Long distance relationship while she finished school than eventually moved to Oregon together last year. Lived together there for almost a year she kept her tourist visa legal the whole time exiting and reentering when necessary. Last December we got a Marriage License in Oregon but decided not get married since we were going to be leaving the US for the next 3 months to travel overseas as tourist. We both returned to the US almost 6 months ago and decided to move to NY. We got married 1 month ago here in NY and are now ready to file her papers (I-485 and I-130).

My concern is this she entered the country almost 6 months ago legally as a tourist unsure of what and where our future was going. We eventually did decide to get married and now are unsure if she should file her paperwork here in the US and stay here for the whole process or if she should return to Mexico and file from there? My main concern is that our Marriage License we got in Oregon and never actually used will cause a red flag and that they may think she entered this last time fraudulently. We ultimately were just unsure at the time of what we wanted to do. Sorry this is long winded...hopefully someone can help.

Just the facts.

Entered 6 months ago on I-94

Married 1 month ago

Previously had a Marriage License that we did not use from last year

I am USC she is Mexican Citizen

Her I-94 expires in 2 weeks

Stay in US or go back to Mexico to file???

TBoneTX Grand Master

TBoneTX   45,498

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

Welcome to VisaJourney!

I've transferred your thread from the "CR-1 Process" forum to the "Adjust Status from Work, Student, & Tourist Visa" forum. You should be able to find or be offered the desired information here.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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