Adjustment of status after marriage in foreign country

[j&ana 363]

Quote

 

I think your lawyer is confusing some things  to apply for a tourist visa while already married and come to the US to adjust status is immigration fraud

Edited June 24, 2018 by j&ana

[old-fella 109]

OP you have had tons of advice. Your lawyer is as incompetent as my fish in terms of immigration.

Trust me rum away from that incompetent lawyer now. Honestly, the lawyer is advising you for immigration fraud and you should report to the bar. 

 

Secondly, if you apply for B1/B2 for your wife, that will be denied 'coz she has immigrant intention.  Even if she has B1/B2 from past, the moment CBP knows her being married to US citizen, chances are too high that she will be sent back in returning flight. If she lies at the border to enter, then she will be held for the misrepresentation causing lifetime ban. 

 

File Cr1 or IR1 like other folks. I don't know if Brazil has DCF if so you can even do that.

Whatever you file for, run the heck away from that incompetent lawyer

[Orangesapples 1,954]

If she was in the US, adjusting status would be an option and there's no need to wait 60 days, USCIS doesn't care. However, entering with the intent to AOS is the problem. The law is nonsensical and confusing, you're not allowed to enter the US on a tourist visa with the intent to adjust status but once you are admitted you can apply for AOS on the next day and it won't be held against you. The law is confusing and counterintuitive. But entering the US with the intent to adjust status is not allowed and CBP can deny her entry if they figure out that's her plan, whether by her telling them, them going through her phone and luggage or just their hunch. 

[NikLR 13,220]

~~moved to process and procedures from progress reports~~

 

Lying to CBP is fraud.  

[Dutchster 1,106]

You can't enter the US with a tourist visa with the intend to stay and adjust status. Your "lawyer" is wrong and you should not listen to him.

File I-130 for the CR-1 visa. She'll be a permanent resident upon arrival.

[bakphx1 785]

Some of us missed that she has the visa (I forget details as I read other replies).  Did she put that she was married to you on the forms?  Just curious.    If she has the visa she’s still faced with lying to CBP at POE.

[Coco8 1,039]

If she tells at the POE that she has intention of adjusting, she will be sent back home and her visitor visa will be revoked. That means she will have to file the spousal visa, which takes 12-14 months, without the possibility of visiting you.

 

What you should have done is apply for the spousal visa while you were living in Brasil. She should apply now.

 

 

[Roel 7,191]

I can bet 100$ OP won't listen to US and at the PoE the wife will say that's she's visiting and then she'll suddenly "change her mind" as soon as she leaves airport. 

 

People will keep getting away with this until the law change.

 

[Going through 5,668]

If you're still keen on following your lawyer's advice---Make sure she lets border officials know she's married and plans to adjust status from within the US.

 

I guarantee you, they will be able to point her in the right direction then.

[Dashinka 23,198]

5 hours ago, bakphx1 said:

Some of us missed that she has the visa (I forget details as I read other replies).  Did she put that she was married to you on the forms?  Just curious.    If she has the visa she’s still faced with lying to CBP at POE.

The OP said the lawyer told him all she has to do is get a tourist visa and come here to adjust.  At least to me that implied she did not possess a tourist visa at this time.

[CEE53147 559]

OP.  The previous posters have told you the truth.  You may not like it but don't ignore it.

 

Your mistake was not filing for a spouse immediately after you married or as soon as you knew you wanted to relocate to the US.  That is water under the bridge now so get off your duff and start the proper paperwork.  Assuming you are relocating for a job, you will be well positioned for the affidavit of support and have a place to live by the time her paperwork is at the top of a long list of people who have been waiting - admittedly, not all patiently - to do the same.

[Dashinka 23,198]

1 hour ago, CEE53147 said:

OP.  The previous posters have told you the truth.  You may not like it but don't ignore it.

 

Your mistake was not filing for a spouse immediately after you married or as soon as you knew you wanted to relocate to the US.  That is water under the bridge now so get off your duff and start the proper paperwork.  Assuming you are relocating for a job, you will be well positioned for the affidavit of support and have a place to live by the time her paperwork is at the top of a long list of people who have been waiting - admittedly, not all patiently - to do the same.

What they said!

[shumway1756 304]

 = Lawyer.

 

Did the lawyer actually say this, or is this another case where someone says "My lawyer said..." in order to justify a personal plan, when in fact no lawyer was consulted? Just wondering. It happens. Part of me has to hold out hope that a lawyer isn't that criminally incompetent. But hey, we've seen it before.

 

I won't repeat what everyone else has said because the horse has been beat to death. Just follow the given advice and do it the legal way. You'll thank us later.

[Boiler 43,391]

OP seems to have gone.

[florida racer 73 200]

4 minutes ago, Boiler said:

OP seems to have gone.

That seems to happen when they get advise they do not like or want to hear :-)