Spousal Visa - Conflicting Info

[k9byron 0]

Hi, I am from the USA but have been living in Costa Rica for the past 10+ years. 7 years ago I met a local girl and we were married 4 years ago and we now have 3 and 4 year old boys. They both have US passports. I had to come back to the US for work and last month we got my wife a tourist Visa and made a trip to the USA so that she can check it out and see if she likes it and wants to live here or not.

In Texas, she got pulled into secondary and they threatened to send her back. I was told by another immigration officer in the airport that the red flag came when the first agent asked me how long she was planning to stay and I told them 3 to 6 months and that we weren't sure yet. When the secondary agent found out she had toddlers waiting for her in the airport with me he told her that he was going to let her in but that she "CANNOT file for residence while in the USA"!! According to her he was pretty adamant about it! He told her that if "she didn't want to get in trouble she should stay for 2 or 3 months (her Visa says she has 6 months?) and that she NEEDS to go back to Costa Rica to file the proper documents if she wants to come here to live with me".

I spoke with an immigration lawyer in Los Angeles and he told me that he recommends that she DOES go back to file the forms from her country because if the secondary immigration officer noted the record on what he told her, and she files the forms here anyway, that they could NOT approve her application AND rip up her tourist Visa and she would NEVER be allow in the USA again and that there is no appeal or anything ..its just over. Period.

So, we then heard of Infopass from another Costa Rican friend of her's that lives here and she told us that she was here for over 3 years, illegally!, and filed the forms here and they still gave her residence!! What??? So, we called Infopass and talked to an agent there and he told us "Yes. She can in fact file for change of status here as as long as she isn't here illegally and that the secondary airport agent in Texas might have just been trying to scare her".

So, as you can see, we are getting totally different information from an Immigration lawyer and an official Immigration agent! The only purpose it will server for her to go back to Costa Rica to fill out and submit those forms from there is that a family will be separated for several months and the airlines will get richer and we will get poorer ...and that's pretty much it!

My question is:
Is it possible that her application can be declined and, her tourist Visa revoked, if the secondary agent noted the record and she files for change of status here in the USA?? Is it safe for us to file the forms here?

This is very important because I cannot go back to Costa Rica because of work and if she cannot come here ...well, I have lost my family!! But I also hate to be separated from my wife and children for so long ...

Thanks in advance for any advice you can give

[Harpa Timsah 13,258]

You can adjust. What CBP says has no bearing on USCIS, different agencies.

[Ontarkie 13,902]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from Introducing our Members - As this is more of an Adjustment of Status question then a Intro and will get more responses here~~

[Boiler 43,396]

So, we then heard of Infopass from another Costa Rican friend of her's that lives here and she told us that she was here for over 3 years, illegally!, and filed the forms here and they still gave her residence!! What???

So, we called Infopass and talked to an agent there and he told us "Yes. She can in fact file for change of status here as as long as she isn't here illegally and that the secondary airport agent in Texas might have just been trying to scare her".

Bit odd because I was wondering how the friend adjusted, most unusual someone here illegally can do so.

[k9byron 0]

Hi Harpa, thanks for the fast reply! I take it that "CBP" are the airport agents? Thats strikes as a bit odd that they are different agencies that dont communicate with each other. They are both homeland security, right? And also odd that my "lawyer" would say that they do ...

So you are sayng tht she cannot be denied if she files everything from here and doesnt go back to Costa Rica for any part of the process?

[k9byron 0]

Hi Boiler, I think I left some info out there. She originally came here on a tourist visa, the 6 months expired and she was here illegally for 3 years and then went back to Costa Rica. She stayed there for a couple years, got another tourista visa (amazingly), came back, got married and filed everything from here.

[Boiler 43,396]

She overstayed, not illegal.

Sounds like there was some Misrep on the second visa, but her problem not yours.

[MacUK 983]

And also odd that my "lawyer" would say that they do ...

The lawyer is only thinking of how much money he'll make if he makes it seem more complicated than it really is

[Boiler 43,396]

The lawyer is only thinking of how much money he'll make if he makes it seem more complicated than it really is

Sounds like it.

[k9byron 0]

Interesting. He told me that he see's it happening a lot ..that little weasel! lol-

So, so far im getting that everyone agree's that she doent have to go back to Costa Rica for the interview even if the airport immigration told her and noted the record? Harpa says it doesnt matter if they did or not and that it has no bearing because they are different agencies.

I actually just contacted an agency in FL (immigrationforless.com) about an hour ago and they told me the same thing. They said that they can file all the paperwork and everything for $700 but that it would be best for her to go back for the interview at the US Embassy in Costa Rica. They said that its possible as well. They told me that we can file here but she can travel back and forth as much as she likes and they recommended that she just fly back there to do the interview and come right back because it would look better for her if they did note the record.

[Harpa Timsah 13,258]

What? Lawyers are crazy.

People have successfully adjusted with "NO AOS" written by CBP in their passport. It's not legally binding.

[Boiler 43,396]

They are not Lawyers, looks more like a Noatario?

[k9byron 0]

Yes. I think they are just a service that files all the documents for you. Here's what they sent me:

=======================

Our procedures includes the 2 packages sent the USCIS and the NVC processing too, along with the preparation for the interview at the U.S Embassy. It includes everything for your wife to get her Spousal Visa.

For the Citizenship, your wife needs to wait 3 more years, to be eligible to apply. (Only green card holders of 3 years that are still married to their U.S Citizen sponsor/husband are eligible)

======================

[k9byron 0]

But these guys are only $700. Lawyers want $4000!

[Boiler 43,396]

You provide the information, they fill in the forms.

You fill in the forms and save $700