Adjustment of Status: I-130 + I-485

[AnaRib71 0]

Hello!

I'm Brazilian and married to an US Citizen in November 2005 in the US. As I couldn't leave my job in Brazil, I returned to my country at that time. Then, I came to the US in March 2006 for a visit. As I already had a B1/B2 visa, we decided to do ALL the process in the US right after my arrival. Therefore, in September 2006, I arrived in the US using my tourist visa. At the moment, we are gathering the documents and have almost everything ready to file for the Adjustment of Status.

According to what I've read here in the many topics about this subject, the majority applying for the ajustment of status, entered the US with a K1 or K3 visa.

I'd like to know if anyone has a case similar to mine and how the process has been going until now. Any tips or information will be very useful. As far as I know, it's alright to file the I-485 and the I-130 concurrently as I'm an immediate relative of an US citizen. However, this website warns that it'd be better to leave the US and file for the K3 or Greencard abroad. Can anyone share his/her experience?

Thank you very much for your attention,

Ana

[Kez/JWolf 6]

If you entered the USA using a tourist visa with the intent on remaining then you are about to commit visa fraud.... what did you say was the purpose of your visit at POE? did the CBP officer know you were married to a USC or did you fail to mention that fact... is your visa in your married name or maiden name???

If you entered the USA with no intent to remain but things have changed.... then you should have a meeting with a good immigration lawyer to review your case... there are options open to you but you need to have all your facts checked over by a immigration lawyer to be sure you are doing the best thing for your chances of sucess..

Kez

[AnaRib71 0]

If you entered the USA using a tourist visa with the intent on remaining then you are about to commit visa fraud.... what did you say was the purpose of your visit at POE? did the CBP officer know you were married to a USC or did you fail to mention that fact... is your visa in your married name or maiden name???

If you entered the USA with no intent to remain but things have changed.... then you should have a meeting with a good immigration lawyer to review your case... there are options open to you but you need to have all your facts checked over by a immigration lawyer to be sure you are doing the best thing for your chances of sucess..

Kez

Thank you for your reply, Kez.

I came to VISIT my husband, but after calling the USCIS 1-800 number, we decided to save the money of the airfare, keep me here and start the Ajustment of Status asap.

I understand your advice and I'll get in touch with an immigration lawyer to be sure of the actions we have to take.

Regards.

[khool 0]

If you entered the USA using a tourist visa with the intent on remaining then you are about to commit visa fraud.... what did you say was the purpose of your visit at POE? did the CBP officer know you were married to a USC or did you fail to mention that fact... is your visa in your married name or maiden name???

If you entered the USA with no intent to remain but things have changed.... then you should have a meeting with a good immigration lawyer to review your case... there are options open to you but you need to have all your facts checked over by a immigration lawyer to be sure you are doing the best thing for your chances of sucess..

Kez

Thank you for your reply, Kez.

I came to VISIT my husband, but after calling the USCIS 1-800 number, we decided to save the money of the airfare, keep me here and start the Ajustment of Status asap.

I understand your advice and I'll get in touch with an immigration lawyer to be sure of the actions we have to take.

Regards.

Gotta show that when you entered in Sept. 06 you didn't have intent to stay. An issued return ticket would help. Nonetheless, I think it might raise eyebrows when they find out that you were married prior to your September entry.

Lawyer would be good, not necessarily because he'd be able to give you better advice, but because he's accountable for his advice. Not many people on here understand that.