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Do you recommend DCF or Adjustment Of Status?

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Filed: Country: Mexico
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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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Filed: Citizen (apr) Country: Canada
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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

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: IR-1/CR-1 Visa Country: Mexico
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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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Filed: Other Country: United Kingdom
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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.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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

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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Filed: Lift. Cond. (apr) Country: China
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***Under the below quoted provision of the TOS, this thread will remain locked to additional discussion. The OP has been given the proper answers on how to proceed.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.
Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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