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Do you recommend DCF or Adjustment Of Status?

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Hi there people.

My wife (a U.S. citizen) and I are already married in the state of Texas, and we are currently living in Mexico and getting everything ready to move soon to the U.S.

Now, I've heard that we have 2 options:

  • To file the petition directly from here at the U.S. embassy.
  • To move to the U.S. and apply for and Adjustment of Status.

Which of those options would you recommend as the easiest, fastest and safest?

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Those who are already in the US (say on a student visa or dual intent visa). Not those traveling on a tourist visa with intentions of circumnavigating the immigration system (like your option 2 would be). A tourist visa is for tourists - to enter the US, visit stuff, then leave.

good luck


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Hi there people.

My wife (a U.S. citizen) and I are already married in the state of Texas, and we are currently living in Mexico and getting everything ready to move soon to the U.S.

Now, I've heard that we have 2 options:

  • To file the petition directly from here at the U.S. embassy.
  • To move to the U.S. and apply for and Adjustment of Status.

Which of those options would you recommend as the easiest, fastest and safest?

I would say that the DCF is faster and cheaper. My husband and I were living in Mexico and we did DCF on Oct last year. I could have gotten my immigrant visa by Dec. I mean we could have scheduled the interview but we decided to postpone it until June 2015.

If you have the intention of immigrating and cross the border with a tourist visa, some people say it is immigration fraud. You should cross the border with a visa related to your intentions. Student visa for studying, tourist visa for tourism, immigrant visa for immigration. But some other mentioned here in VJ a document that allows spouses of US citizen to do adjustment of status even if they crossed with a tourist visa and intentions to immigrate. I don't remember the name of document. Batista something.

I say the DCF is cheapest because you don't pay some other fees like the adjustment of status and as you and your wife is with you is going to be faster. You will be a resident and be able to work (get paid when you get your SSN) the moment you cross the border and get the green card some time later. I got mine exactly a month after I crossed the border. You just need to proof to the US Embassy or US consulate that your wife is living legally in Mexico for some period of time. Juarez consulate asked 6 months, Monterrey consulate 3 months. We used to live in Saltillo, Coahuila so our consulate was the Monterrey one.

If you need any information about DCF, please read the link someone already shared with you. If besides that you have questions, feel free to contact me.

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If you have the intention of immigrating and cross the border with a tourist visa, some people say it is immigration fraud. You should cross the border with a visa related to your intentions. Student visa for studying, tourist visa for tourism, immigrant visa for immigration. But some other mentioned here in VJ a document that allows spouses of US citizen to do adjustment of status even if they crossed with a tourist visa and intentions to immigrate. I don't remember the name of document. Batista something.

No, entering the US on a tourist visa with the intent to stay and adjust IS immigration fraud.

The Batista case you mention is for people who are already in the US and decide to adjust.


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No, entering the US on a tourist visa with the intent to stay and adjust IS immigration fraud.

The Batista case you mention is for people who are already in the US and decide to adjust.

A person in another post recommended the AOS as an option to someone and mentioned the Batista case the OP in that post was not in USA. Thanks for clarifying.

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