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KOVillegas

Should we get married in the US (already married in Mexico) and apply for Adjustment of Status?

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Hi VisaJourney,

I have a random question. My husband and I just got our I-130 approved and are waiting for our case to be sent to NVC. As of right now my husband is visiting in the states and is planning to return to Mexico in a few weeks. Is it possible to get married again in the US and then just apply for an adjustment of status? Is this possible and/or cost-effective and quicker?

Any advice or ideas would be greatly appreciated.

Thanks,

K

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Filed: Citizen (apr) Country: Canada
Timeline

Why would you get married again? Married is married

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Citizen (pnd) Country: Germany
Timeline

You already have the petition approved, which imho is the hardest part to wait through. I don't see why you would want to renew your vows in the US unless it was just for fun. But starting a different immigration process is a tad silly sounding, especially when you're halfway through the one you've already started.


Not to mention anytime you enter the US without an immigration visa with the intent to stay and adjust status it's going to be considered fraud.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: Other Country: Canada
Timeline

What I mean is getting an American Marriage Certificate and applying for an adjustment of status. Right now we have a Mexican Marriage Certificate.

No. This would be visa fraud. You're already married. It seems like a long struggle now but it'll be over before you know it.

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Thanks. That's what I thought as well, but my husband is convinced it is possible and would be quicker. His uncle was here on a work visa and then got married and was able to adjust his status very quickly, thought we'd try all avenues.

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Filed: Citizen (pnd) Country: Germany
Timeline

His uncle probably didn't have intentions of getting married when he entered with a work visa. What you're suggesting is "possible", but illegal and I'd never recommend it. You're already almost there.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: K-1 Visa Country: Wales
Timeline

There are some locations in the US that do allow you to marry more than once. New York was mentioned.

Quite why is another issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (pnd) Country: Mexico
Timeline

OP:You can adjust from a work visa (your uncle's husband). You are not supposed to adjust from what I assume is a tourist visa (your husband).

It IS possible to do it and you don't need to re marry. However, burden of proof to demonstrate he did not enter with intent to AOS lies on you both. This could be considered immigration fraud and land your husband with a 10 year ban.

Does he really want to gamble it at this stage in the process?

Also.. can you please let us know how easy/difficult was it for your husband to come to the US with his tourist visa? I am planning to visit my husband next week and sort of panicking about it.

Thanks!

UnaMexicana


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: Waiting...:dancing:
Interview Date: ????

Oath:

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

event.png

event.png

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Filed: Other Country: Canada
Timeline

Thanks. That's what I thought as well, but my husband is convinced it is possible and would be quicker. His uncle was here on a work visa and then got married and was able to adjust his status very quickly, thought we'd try all avenues.

The key words as I'm sure you realize are got married. You're already married. So this path is null and void not to mention dishonest at this point.

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

OP:You can adjust from a work visa (your uncle's husband). You are not supposed to adjust from what I assume is a tourist visa (your husband).

It IS possible to do it and you don't need to re marry. However, burden of proof to demonstrate he did not enter with intent to AOS lies on you both. This could be considered immigration fraud and land your husband with a 10 year ban.

Does he really want to gamble it at this stage in the process?

Also.. can you please let us know how easy/difficult was it for your husband to come to the US with his tourist visa? I am planning to visit my husband next week and sort of panicking about it.

Thanks!

UnaMexicana

Thanks for the info. I think we will stay where we are at this point. I just wanted a bit more information/opinion. No need for hostility on this page, aren't we all in this together? (not towards you UnaMexicana)

UnaMexicana.... my husband was able to come over very easily. He flew in to Denver and was just asked a few questions about his trip. They did ask to see a roundtrip ticket back to Mexico. Don't panic! If you're just visiting you should have no problem! Enjoy your visit with your husband!

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No. This would be visa fraud.

No, it wouldn't.

However, burden of proof to demonstrate he did not enter with intent to AOS lies on you both.

Also wrong.

OP, you can switch tracks and pursue adjustment of status if you wish; the choice is yours.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (pnd) Country: Mexico
Timeline

thanks i SWEAR i will post pictures with my huge grin once I get to see him! hahaha

UnaMexicana

Thanks for the info. I think we will stay where we are at this point. I just wanted a bit more information/opinion. No need for hostility on this page, aren't we all in this together? (not towards you UnaMexicana)

UnaMexicana.... my husband was able to come over very easily. He flew in to Denver and was just asked a few questions about his trip. They did ask to see a roundtrip ticket back to Mexico. Don't panic! If you're just visiting you should have no problem! Enjoy your visit with your husband!


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: Waiting...:dancing:
Interview Date: ????

Oath:

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

event.png

event.png

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Anybody who can get married in the U.S.A. and do A.O.S. should! Because the American Immigration system is EVIL and punishes people who do things the legal proper way! But if you're already married id on't think it is possible......

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