Question about cr1

[dcrespo314 0]

Hello, if I am writing this in the wrong section please forgive me. I have question that hope you guys can help me with.

Here is the scenario and plan that my friend has, she says she has talked to a lawyer and she said this will work but I'm not sure if it will

We have a woman that lives in Costa Rica (Anna) she has a recently officially adopted a daughter (Esther). Official paper will take about three months to be given to her. She has been the kids "mother" for over 11 years but now it is official in the eyes of the law.

Anna has a tourist visa, And has entered the US multiple times and has always left before the time she has been given, three years ago while on one of her trips she met a permanent resident of the US (Marcos) they fell in love the whole 9 yards and they got married in Costa Rica, nothing official just a ceremony with frieinds and family and the preacher.

Marcos became an official US citizen about four months ago. (He is originally from Mexico, not sure if that makes a difference or not)

Now that you have the information here is the question and plan.

Plan A

Once the adoption is official, Anna will take her daughter and attempt to get her a tourist visa, they will both then come to the US. Anna will then marry Marcos officially through the courts and submit whatever forms they will need in order to become permanent residence. Their lawyers told them that they could wait for the process in the US (need to know if this is true or not)

Plan B

The daughter is not granted the tourist visa so she must remain in Costa Rica, Anna comes to the US gets officially married and files the paperwork to become a permanent resident along with her daughter. Will the daughter have to remain in Costa Rica for the duration of the process, or will should be able to come to the US and wait for the process here.

If any of this sounds ridiculous please forgive me, I am going based on information that her lawyer said would work but I am not 100% sure that it will.

If neither of the options above work I assume that they will have to get married, and while the paperwork is being processed both the daughter and the mother will have to wait in Costa Rica

Thanks in advance for any help and guidance, and good luck to you all

[JFH 12,189]

Entering on s tourist visa with the intention of adjusting to permanent residency is fraud.

She can enter as a tourist and marry. No problem there. Her husband can then file a petition for her spousal visa.

She can stay with him up to the validity of her tourist visa, as a tourist (no work). She will have to return to her home country once her visa is up and definitely for the interview. She can visit him on her tourist visa during the process as many times as she wishes, provided that she can satisfy the CBP person at the border that she will be going back home at the end of her visit.

[dwheels76 5,463]

Hello, if I am writing this in the wrong section please forgive me. I have question that hope you guys can help me with.

Here is the scenario and plan that my friend has, she says she has talked to a lawyer and she said this will work but I'm not sure if it will

We have a woman that lives in Costa Rica (Anna) she has a recently officially adopted a daughter (Esther). Official paper will take about three months to be given to her. She has been the kids "mother" for over 11 years but now it is official in the eyes of the law.

Anna has a tourist visa, And has entered the US multiple times and has always left before the time she has been given, three years ago while on one of her trips she met a permanent resident of the US (Marcos) they fell in love the whole 9 yards and they got married in Costa Rica, nothing official just a ceremony with frieinds and family and the preacher.

Marcos became an official US citizen about four months ago. (He is originally from Mexico, not sure if that makes a difference or not)

Now that you have the information here is the question and plan.

Plan A

Once the adoption is official, Anna will take her daughter and attempt to get her a tourist visa, they will both then come to the US. Anna will then marry Marcos officially through the courts and submit whatever forms they will need in order to become permanent residence. Their lawyers told them that they could wait for the process in the US (need to know if this is true or not)

Plan B

The daughter is not granted the tourist visa so she must remain in Costa Rica, Anna comes to the US gets officially married and files the paperwork to become a permanent resident along with her daughter. Will the daughter have to remain in Costa Rica for the duration of the process, or will should be able to come to the US and wait for the process here.

If any of this sounds ridiculous please forgive me, I am going based on information that her lawyer said would work but I am not 100% sure that it will.

If neither of the options above work I assume that they will have to get married, and while the paperwork is being processed both the daughter and the mother will have to wait in Costa Rica

Thanks in advance for any help and guidance, and good luck to you all

Why do you keep saying "Officially married" when you said they got married in Costa Rico. Once she has adoption papers he can start filing for the whole family.

[dcrespo314 0]

Entering on s tourist visa with the intention of adjusting to permanent residency is fraud.

She can enter as a tourist and marry. No problem there. Her husband can then file a petition for her spousal visa.

She can stay with him up to the validity of her tourist visa, as a tourist (no work). She will have to return to her home country once her visa is up and definitely for the interview. She can visit him on her tourist visa during the process as many times as she wishes, provided that she can satisfy the CBP person at the border that she will be going back home at the end of her visit.

Thank you, that's exactly what I thought. Her lawyer is saying something else, which I told her sounded wrong and iligal.

Your suggestion is exactly what I told her she should do, but she thinks I'm wrong

[dcrespo314 0]

Why do you keep saying "Officially married" when you said they got married in Costa Rico. Once she has adoption papers he can start filing for the whole family.

All they had in Costa Rica was the ceremony, nothing official. In the eyes of the State she is still single.

She did this because her lawyer said that was the best way to do it.

the husband was not a US citizen at the time, only a legal perminant resident.

I told her to marry him legally anyways while he became a citizen that way she could prove they had been married 2-3 years, that she could have filed a different visa but they didn't listen to me

[dwheels76 5,463]

All they had in Costa Rica was the ceremony, nothing official. In the eyes of the State she is still single.

She did this because her lawyer said that was the best way to do it.

the husband was not a US citizen at the time, only a legal perminant resident.

I told her to marry him legally anyways while he became a citizen that way she could prove they had been married 2-3 years, that she could have filed a different visa but they didn't listen to me

Oh Okay I get now. Thanks for the clarity