Starting a petition for a Spouse help us decide if plan A or B is better

[CASEYTAPIA 0]

Hello,

I am Mexican and got married to a US citizen in April this year, we are about to start the petition so I can stay and work legally in the US, but we are not sure which way to go, here are are 2 options, so if somene has gone thru this please help us pick the best one , fastest and easier. thanks.

plan A, I am actually in the US with my tourist visa stamped and it allows me to be here legally for 6 months..so we file the petition with the adjustment of status and we wait... but what we wanted to know in this case if there is a possibility for me to have permit to work legally, because we have a 3 year old daughter and we need more income that what he is making right now.

plan B, I go back to Mexico with my Daughter (By the way she is a US citizen too), my husband files the petition and... we wait...But we really don't want to be apart for a long time...how long will this process take?if we decide we don't want to be apart any more can I come back to the US and file the adjustment of status then?

I hope I made myself clear... and anyone out there has been thru some stuff like this that can help us.

Thanks!!!

[Hypnos 6,578]

A) will probably take around 6 months (depending on the workload at your local office who have to schedule the interview), and after three months you would receive employment and travel authorisation.

If you choose this route, follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

B) would take around a year to complete, during which time you may be able to visit on your B-2 but may need to show proof of ties to Mexico.

If you choose this route, follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

[MacUK 983]

Plan A - there will be about 3 months after you file before you will be able to work.

Plan B - The first part-going back to Mexico will mean you will be apart for longer but when you return with a spousal visa you will be able to work straight away.

The second part-you go back to Mexico then decide you don't want to be apart. You can not then enter the US with a tourist visa with the intention of adjusting status. You can enter as a tourist to visit and go home again, but not entering planning to stay.

Your best path is a decision only you can make, either spend more time apart or stay together but have a delay before you can start work. You also can not go back to visit Mexico if you adjust status until you have AP.

[Jo Së 200]

Plan A is best, you will receive you EAD about 90 days after you file as long as your apply for it.

[j&ana 380]

I will say plan a staying here and filing AOS even with waiting for the AOS to work. It would still be faster then doing the cr-1 visa

for that you will have to go back to mexico and wait. It could take a year or more. You could possibly visit but still it will be a long wait

and after you come to the US even tho you will be a pernment resident and allow to work. Most Companies will not hire you untill you have your SS number that could be a couple of weeks or a couple of months

Plan A is by far the best choice

Edited October 6, 2015 by j&ana

[anita2149 0]

As the others say, plan A will most likely be quicker. However, it is very important to remember that entering the United States on a nonimmigrant visa like the one you came in on with the intention to stay and adjust your status is illegal. It is completely legal to enter on your nonimmigrant visa with the intention of returning to Mexico, but during your stay to change your mind and file to adjust status. If you go with Plan A, you may be asked during your interview whether or not you intended to adjust status and stay permanently when you entered the country on your nonimmigrant visa. I would not advise you to lie at your interview, but keep in mind that you can't enter the country on a nonimmigrant visa with the intention of adjusting your status and staying. If you could reasonably prove during your interview that you intended to depart to Mexico but changed your mind and decided to stay in the US, you should be fine doing Plan A. If you think it would be a problem, go for Plan B. It takes longer, but you have the benefit of knowing that there is no question about whether or not applying for the green card is legal.

Hello,

I am Mexican and got married to a US citizen in April this year, we are about to start the petition so I can stay and work legally in the US, but we are not sure which way to go, here are are 2 options, so if somene has gone thru this please help us pick the best one , fastest and easier. thanks.

plan A, I am actually in the US with my tourist visa stamped and it allows me to be here legally for 6 months..so we file the petition with the adjustment of status and we wait... but what we wanted to know in this case if there is a possibility for me to have permit to work legally, because we have a 3 year old daughter and we need more income that what he is making right now.

plan B, I go back to Mexico with my Daughter (By the way she is a US citizen too), my husband files the petition and... we wait...But we really don't want to be apart for a long time...how long will this process take?if we decide we don't want to be apart any more can I come back to the US and file the adjustment of status then?

I hope I made myself clear... and anyone out there has been thru some stuff like this that can help us.

Thanks!!!

[CASEYTAPIA 0]

Thank you guys!! all your advice has been so helpful! good luck to everyone in your process!

Best regards!!