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nathan93

Adjustment of status after marriage in foreign country

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Me and my wife got married in Brazil over 2 years ago. I lived there for 2 years and then came back to the USA to work. I was told by an immigration lawyer that we could use our brazilian marriage certificate to adjust her status. All she would have to do is get a tourist visa and then come to the states and ~60 days later we file for an adjustment of status. Well she got the tourist visa and her flight is scheduled in 3 weeks. 

Has anyone ever done this before? Anybody have experience or advice?

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Wow. That is really bad advice. Your wife needs a spousal visa to enter the US and stay as a resident. I suggest you dump the lawyer, start collecting the documents and file ASAP as the timeline is about 12-14 months and Brazil embassy is super slow so it will probably be longer than that. 

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Also I would just like to say that the minute a CPB sees your foreign wife trying to enter the country with a tourist visa with a US citizen husband she will be scrutinized and they will find out she has immigrant intent and she won’t be allowed in the country to which will come with a bar permanent or temporary. Not really worth the risk is it?!?

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Try it and let us know if it worked. Seems your lawyer has a plan to circumvent U.S. immigration procedures. No need for CR-1 - woo-hoo! File the forms, pay your fees, and get in line like everyone else. And get a real lawyer.

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Posted (edited)
38 minutes ago, nathan93 said:

Me and my wife got married in Brazil over 2 years ago. I lived there for 2 years and then came back to the USA to work. I was told by an immigration lawyer that we could use our brazilian marriage certificate to adjust her status. All she would have to do is get a tourist visa and then come to the states and ~60 days later we file for an adjustment of status. Well she got the tourist visa and her flight is scheduled in 3 weeks. 

Has anyone ever done this before? Anybody have experience or advice?

Dump your incompetent lawyer. It is illegal to plan this in advance. A TOURIST visa is for BEING A TOURIST. It comes with the requirement that you will leave the country and will NOT attempt to immigrate. The fact you guys are already married too will definitely lead to intense questioning by CBP about her intentions. Don't do this unless you're okay with your wife incurring a ban and you have to move to her country. File the CR-1 and deal with the separation time like adults.

Edited by mushroomspore

08/08/17: PD 

08/15/17: NOA1's received

09/06/17: Biometrics Appt

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The tourist visa will get hung up the second they see she’s married to a US Citizen.  This would be on the standard biographical information.  If she lies and says she’s single she’d be permanently banned in trying to adjust status because the marriage certificate would show she was married and said she was single.

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1 hour ago, nathan93 said:

My lawyer told me if we waited long enough before filing it would be ok and that doing it this way is not illegal. 

Have him put his legal advice in writing.  It's not going to be a problem if his advice is not illegal.  Bwaaaaa!!!!!!!!

 

Straight from the US Customs and Border Protection's website: https://help.cbp.gov/app/answers/detail/a_id/757/~/friend%2C-relative%2C-etc.-denied-entry-to-the-u.s.

 

There are many reasons for a person to be denied entry into the U.S. The most obvious reasons for denied entry include if a person has previously worked illegally in the U.S., is suspected of being an intended immigrant (i.e. planning on staying in the U.S. past the terms of their admission), or of having ties to terrorist or criminal organizations. 

 

Tourist visitors must also be able to demonstrate that they have significant ties to their resident country. This is to ensure that they are not coming to the U.S. with the intent to illegally stay here as an immigrant. 

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Are you certain this was an immigration lawyer?  As others have said, have them put it in writing and report it to the local bar association.

 

Good Luck with your spousal visa process.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

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I-485 Interview: 2015-03-11

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I-751 ROC Submitted: 2016-12-20

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First career- 20 year Retired E-8, USAF Missileer,

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  • Case Complete: 4/10/17
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  • POE Dallas DFW on June 22, 2017
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