Spousal Visa - Conflicting Info

[Harpa Timsah 13,258]

Why don't you do it yourself? The forms have instructions, you follow them line by line, do it, done.

[k9byron 0]

Haha, I was thinking the same thing. I have the I-130 and its like 1 page! I am just trying to figure out if its completely, 1000% safe to do everything from here and save on the airfare to Costa Rica.

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

Harpa, I still dont understand what "CBP" is or "NO AOS". I'm a "Newbie" They didnt actually write anything in her passport. They stamped it and the only hand writting is "B2" and 1/10/15 which is the experation of her visit, I take it.

[Harpa Timsah 13,258]

Right, CBP (Customs and Border Patrol) did not write "No adjustment of status" in her passport. But they verbally "warned her." I pointed out that the warning could be written in her passport but it still does not matter.

CBP correctly figured out what she would do, the thing you are trying to do now, but the fact of the matter is that they did admit her. So it is irrelevant now.

If you want to get a lawyer's take on the "warning" then I would do a consult with them if that would satisfy you. Maybe do a few consults, or pick one that doesn't advertise being "cheap." Cheap usually means "does not know what they are doing."

Then once you are satisfied that you can go ahead, do the forms yourself. Don't pay a lawyer to fill in your name and address on a form.

[Neonred 3,446]

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)

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

Since she is already here on her tourist visa, she does not need another visa (the spouse visa). She can stay and you can adjust her status (AOS) to legal permanent resident (green card).

[Ketsuban 1,034]

Just to mention also, since she came in on a tourist visa, she would be able to appeal should the AOS be denied for any reason. It's only people who come in on the VWP who have no right to appeal.

[Fan_Dancer 171]

Too bad she wasn't send back. This would be how many times that she has broken the US immigration law?

[raven52 233]

We used an immigration service, 695.00.,.,.,,.start to finish perfect service, stay away from lawyers.,,it is all about money, with a "Immigration Service,".,...,.,one price and they exist on "reputation".,.,..,,not a, "I am a Immigration Attorney".,.,.,.,.,.,

[Sukie 1,439]

Nothing is 1000% sure. You have everything going for you. You've been out of the country, you married locally over 4 years ago. You have two children together who have US passports.

If she were in Costa Rica, your probability of success would be 99.99%. There is ALWAYS a small risk that you get hosed.

If she adjusts in the US, given your particular circumstances, your probability of success is closer to 98.99%.

If she is in Costa Rica - you are facing an approximate one year process of being apart. If she adjusts in the US - she is with you and the children - but she is limited in her travel opportunities until it all comes through (approximately 5-7 months).

The time apart is so cruel. In our situation, we could not risk the AOS, as my spouse's mother was ill - and she needed to be able to get to her home country quickly.

You can easily file yourself. We used an attorney, but we really didn't need to.

Go for it, and good luck!

Sukie in NY

[XXXYYYZZZ 20]

CPB gave you a warning and did their job. That's done and over. The way I see it you've been married for years with two kids and are not cheating the system in my eyes. The lawyer is trying to pump you for money. Just file the adjustment of status yourself and save the money. It's easier than most people think.

Read up the guides and google AOS-adjustment of status. Don't get confused about AOS- affidavit of support; two different things. That tripped me up when I started in this.

[Ryan H 3,790]

Right, CBP (Customs and Border Patrol)

The P in CBP is for Protection, not Patrol.

[k9byron 0]

Awesome! You guys have been great and I thank you for all the info you have provided! great forum

[Ryan H 3,790]

***One off topic post removed; please address the OP and their situation in your replies or do not post in this thread.***