Sent here from Reddit. This is my post from r/legaladvice

[Fluxed88 1]

My wife and I married 2 weeks ago. She is here on a tourist visa. We met 5 years ago when she was visiting her sister (my best friends wife).

My wife is from Macedonia. She has 2 boys u18. She got here on April 4th on a tourist visa (good until October 4) we had talked about getting married before, but it wasn’t a for sure thing. She is divorced from her ex husband who lives back in Macedonia, he gave up all rights of the boys to her. We have a joint bank account, are on a lease together, and have plenty of pictures of our wedding and from the past. The only thing we don’t have is old messages because she was married to a crazy person for 14 years. She is still working her Macedonian job remotely and has a nice chunk of money saved to where she doesn’t have to work for a while. The children are enrolled in school. 

My question is - we filled out the paperwork for I-130 and will send it in tomorrow. She can be here while that paperwork is processing correct?. We would love to not have to hire an attorney, because they want 6k and we are a legitimate married couple. 

Any tips or pieces of advice? I hope this is allowed here. Reading other pieces of advice on the internet is scary sometimes.

[Fluxed88 1]

Another person from the reddit thread said we should fill out I485 instead of I130. Any truth to that?

[Lucky2Lucky 2,526]

I just want to point out she should not have been working (even remotely) while on a tourist visa 

[Dashinka 23,272]

Legally she can adjust status (file the I485) here in the US as it does not appear from your story that this was entirely planned, but she would have to stay until that is processed (or until she can get an AP card [form I131]) which could take up to a year or more (4-6 months for the AP card).  If she does have obligations back in Macedonia in that timeframe, than the better option would be to file the I130 (note, the I130 would still be required even with the I485 in this case), and let the CR1 visa process work out and then she enters the US with a GC in hand in about the same timeframe (12-16 months for CR1 processing).  She can still visit during the process, but the overall decision is really based on your own (together) personal circumstances.

 

Good Luck!

Edited August 27, 2019 by Bill & Katya

[Unlockable 7,306]

Please review the guides here:  https://www.visajourney.com/content/i130guide2/

 

Also, be aware that  during the adjustment of status, she will not be able to work or leave back to her country until she gets proper authorization.

 

 

[Unlockable 7,306]

*** Moved to Adjustment of Status from Work, Student, & Tourist Visas 

 

VJ Moderation

[designguy 1,179]

Did she bring a copy of her divorce paperwork with her? I am pretty sure she will need to provide this documentation when she adjusts. Also did her children join her in the US on the tourist visa or are they back in Macedonia?

[Dashinka 23,272]

11 minutes ago, designguy said:

Did she bring a copy of her divorce paperwork with her? I am pretty sure she will need to provide this documentation when she adjusts. Also did her children join her in the US on the tourist visa or are they back in Macedonia?

I agree, that was not clear to me either.  The OP mentioned the kids were in school right now, so I assumed they are still in Macedonia, but I suppose that could be a bad assumption.

[designguy 1,179]

12 minutes ago, Bill & Katya said:

I agree, that was not clear to me either.  The OP mentioned the kids were in school right now, so I assumed they are still in Macedonia, but I suppose that could be a bad assumption.

Correct me if I'm wrong. Assuming they are in Macedonia they won't be able to be included on the adjustment. This means the wife will need to file for an F2A which is gonna take at least 1 year for them to join her in the US. Would be problematic if the father "gave up all rights of the boys"

 

If they are in the US and enrolled in school wouldnt that be a big problem?

Edited August 27, 2019 by designguy
Mixed of F2B and F2A

[Dashinka 23,272]

7 minutes ago, designguy said:

Correct me if I'm wrong. Assuming they are in Macedonia they won't be able to be included on the adjustment. This means the wife will need to file for an F2A which is gonna take at least 1 year for them to join her in the US. Would be problematic if the father "gave up all rights of the boys"

 

If they are in the US and enrolled in school wouldnt that be a big problem?

I think you are correct.  Personally, I think the CR1 is the best option in this case, minor children (OP stated u18) back in Macedonia (my assumption), and the wife has a business venture.  If they follow the CR1, then the children can be derivatives with all the proper paperwork.  It also helps that the wife has a valid visitor visa, so visits are possible.  I guess it is really the OP and their spouse's personal decision.  Of course, most people do not want to separate during a marriage, but sometimes it is the best course.

[Fluxed88 1]

To be clear, the kids are here and registered for school here in the United states and yes she has all documentation of divorce and full custody of her kids. 

[Dashinka 23,272]

4 minutes ago, Fluxed88 said:

To be clear, the kids are here and registered for school here in the United states and yes she has all documentation of divorce and full custody of her kids. 

Is it legal for them to attend school in the US on a B2 visa?

Edited August 27, 2019 by Bill & Katya

[designguy 1,179]

1 minute ago, Fluxed88 said:

To be clear, the kids are here and registered for school here in the United states and yes she has all documentation of divorce and full custody of her kids. 

Did she get explicit permission from the father to move the children to the US. Even though she is the custodial parent is does not necessarily give her the rights to move the children without the other parents permission. Have you consulted a lawyer to be sure? There are huge repercussions IE possible kidnapping charges, if everything isn't done exactly by the book.

 

We see posts about situations where someone comes in on a tourist visa and a circumstance change and they marry, but has anyone ever posted something similar to a mother and 2 sons coming in on a tourist visa and then adjusting? Seems like it would raise some flags

[Fluxed88 1]

1 hour ago, Unlockable said:

Please review the guides here:  https://www.visajourney.com/content/i130guide2/

 

Also, be aware that  during the adjustment of status, she will not be able to work or leave back to her country until she gets proper authorization.

 

 

Absolutely do not plan on traveling once paperwork is filed. 

[Fluxed88 1]

1 hour ago, Luckycuds said:

I just want to point out she should not have been working (even remotely) while on a tourist visa 

Okay we didn’t realize that. I will let her know and have her quit. Thank you