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

[Dashinka 23,199]

4 minutes ago, Zoeeeeeee said:

Correct me if I’m wrong, but your wife visited on a tourist visa (so for a holiday) and brought her divorce papers/permission from ex to emigrate/documents to enrol her kids into school? That doesn’t sound like she came to visit and then changed her mind...that sounds like she planned to stay all along (and ergo lied at the POE).

 

I’m not saying that is the case by the way...but if I was the officer reviewing it, that’s definitely what I’d be thinking...and more experienced members please correct me if I’m wrong...have there not been cases where they are reviewing what happened at POE where they’re assessing AOS?  Ie, this could impact whether AOS is granted?

I have heard of cases where intent was questioned at the AOS interview. 

[HRQX 4,145]

1 hour ago, Fluxed88 said:

When we had our consultation with the immigration attorney he acted like it was a non issue.

It's a non issue (I assume you are a US citizen).

USCIS forms:

• I-130 petition for your wife filled and signed by you
• I-130A spouse supplement filled and signed by your wife
• I-485 application filled and signed by your wife (include I-864 packet)
• (Optional but highly recommended) I-765 and I-131 filled by your wife. They are both free to file.
• I-130 petition for stepchild #1 filled and signed by you
• I-485 application (including I-864 packet) signed by stepchild #1 if he is aged 14 or older. Otherwise you or your wife can sign on his behalf.
• (Optional but highly recommended) I-765 and I-131 filled by stepchild #1 (or you or your wife). They are both free to file.
• I-130 petition for stepchild #2 filled and signed by you
• I-485 application (including I-864 packet) signed by stepchild #2 if he is aged 14 or older. Otherwise you or your wife can sign on his behalf.
• (Optional but highly recommended) I-765 and I-131 filled by stepchild #2 (or you or your wife). They are both free to file.

Edited August 27, 2019 by HRQX

[Fluxed88 1]

2 minutes ago, HRQX said:

It's a non issue (I assume you are a US citizen).

USCIS forms:

• I-130 petition for your wife filled and signed by you
• I-130A spouse supplement filled and signed by your wife
• I-485 application filled and signed by your wife (include I-864 packet)
• (Optional but highly recommended) I-765 and I-131 filled by your wife. They are both free to file.
• I-130 petition for stepchild #1 filled and signed by you
• I-485 application (including I-864 packet) signed by stepchild #1 if he is aged 14 or older. Otherwise you or your wife can sign on his behalf.
• (Optional but highly recommended) I-765 and I-131 filled by stepchild #1 (or you or your wife). They are both free to file.
• I-130 petition for stepchild #2 filled and signed by you
• I-485 application (including I-864 packet) signed by stepchild #2 if he is aged 14 or older. Otherwise you or your wife can sign on his behalf.
• (Optional but highly recommended) I-765 and I-131 filled by stepchild #2 (or you or your wife). They are both free to file.

Thank you. Yes I am a US citizen 

 

so I-130 is the correct form then

Edited August 27, 2019 by Fluxed88

[payxibka 10,044]

As long as the stepparent relationship was created before the child turned 18, they are eligible 

Just now, Fluxed88 said:

Thank you. Yes I am a US citizen 

 

so I-130 is the correct form then

I 130, i485 filed concurrently 

[designguy 1,179]

8 minutes ago, Bill & Katya said:

I have heard of cases where intent was questioned at the AOS interview. 

Exactly! Thats why I am wondering if the mother discussed moving to the US with her children prior to their arrival

Edited August 27, 2019 by designguy

[Zoeeeeeee 795]

4 minutes ago, Fluxed88 said:

Correction. I thought she brought them with her, but she had her other family members bring them when they came for the wedding. She only brought her passports initially. 

But you’d discussed marriage before she came (you said earlier)? And her family were able to get visas etc and come over for the wedding? When did you book it/plan the date, etc, out of curiosity?

 

So, just mulling this thread over...it sounds, to all intents and purposes, like there’s a good chance visa fraud was committed at the POE...your wife has been working illegally since being in country...and her children were close to start schooling illegally using taxpayers money...

 

^ Sounds like a mess to me. I would strongly recommend that your wife returns to her home country and you file for CR1 (after reading up on the guides), before any more damage is done. A year apart is nothing - most people on here have done that or longer 🙃.

[HRQX 4,145]

9 minutes ago, Fluxed88 said:

so I-130 is the correct form then

File all the forms below together with appropriate fees by mailing them to the Chicago Lockbox: https://www.uscis.gov/i-485-addresses

12 minutes ago, HRQX said:

• I-130 petition for your wife filled and signed by you
• I-130A spouse supplement filled and signed by your wife
• I-485 application filled and signed by your wife (include I-864 packet)
• (Optional but highly recommended) I-765 and I-131 filled by your wife. They are both free to file.
• I-130 petition for stepchild #1 filled and signed by you
• I-485 application (including I-864 packet) signed by stepchild #1 if he is aged 14 or older. Otherwise you or your wife can sign on his behalf.
• (Optional but highly recommended) I-765 and I-131 filled by stepchild #1 (or you or your wife). They are both free to file.
• I-130 petition for stepchild #2 filled and signed by you
• I-485 application (including I-864 packet) signed by stepchild #2 if he is aged 14 or older. Otherwise you or your wife can sign on his behalf.
• (Optional but highly recommended) I-765 and I-131 filled by stepchild #2 (or you or your wife). They are both free to file.

 

Edited August 27, 2019 by HRQX

[Fluxed88 1]

3 minutes ago, Zoeeeeeee said:

But you’d discussed marriage before she came (you said earlier)? And her family were able to get visas etc and come over for the wedding? When did you book it/plan the date, etc, out of curiosity?

 

So, just mulling this thread over...it sounds, to all intents and purposes, like there’s a good chance visa fraud was committed at the POE...your wife has been working illegally since being in country...and her children were close to start schooling illegally using taxpayers money...

 

^ Sounds like a mess to me. I would strongly recommend that your wife returns to her home country and you file for CR1 (after reading up on the guides), before any more damage is done. A year apart is nothing - most people on here have done that or longer 🙃.

Yes. We discussed marriage in the past. Never planned on it this time, it just happened.

 

Yes she had family visiting anyways that’s how we got the paperwork from her divorce etc. we planned the wedding around the dates of her family being here. 

 

Shes still on a visitor visa though, so working remote while on that visa is illegal?

 

Well school isn’t happening now that everyone has told us that. 

 

Im not sure I’m seeing where the visa fraud is happening. 

[Crazy Cat 39,183]

1 minute ago, Fluxed88 said:

Shes still on a visitor visa though, so working remote while on that visa is illegal?

A visitor visa does not grant work authorization..........She will have to wait for her I-765 to be approved after filing......when does her I-94 expire?

[Crazy Cat 39,183]

3 minutes ago, Fluxed88 said:

Yes. We discussed marriage in the past. Never planned on it this time, it just happened.

It must have been difficult for her to suddenly decide to leave everything behind after planning to be in the US only for a short visit.....

[Fluxed88 1]

1 minute ago, missileman said:

It must have been difficult for her to suddenly decide to leave everything behind after planning to be in the US only for a short visit.....

It is extremely difficult. Under certain circumstances in life you do what you’re heart tells you to do.

 

 It took some convincing from me, but her entire family is here. Her only family, so it’s not that outlandish to leave and not go back. Nobody is left in Macedonia for her. I see your sarcasm and it’s not appreciated. 

[designguy 1,179]

If they determine during the AOS that there was a misrep with the intention and are denied, the path of a CR1 would be closed then correct?

 

OP you never answered what did she do with her previous home?

Edited August 27, 2019 by designguy

[Zoeeeeeee 795]

7 minutes ago, Fluxed88 said:

Yes. We discussed marriage in the past. Never planned on it this time, it just happened.

 

Yes she had family visiting anyways that’s how we got the paperwork from her divorce etc. we planned the wedding around the dates of her family being here. This just sounds very convenient to me - tourists don’t generally have their families come out to visit them whilst they’re on holiday themselves - when I read what you’ve written throughout this thread, none of it sounds like a spur of the moment decision to get married - it very much sounds like a preconceived and preplanned thing. Now, if I was the AOS interviewer, I’d most definitely be asking questions about this. I’d want to know what your wife did with her home - is she still renting it/paying the mortgage or did she sell/end the lease when she came to visit you? Again, that can be pretty telling... I’d also want to know about her job, because you don’t normally quit if you’re just coming for a visit...unfortunately in your case, the answer to that question is that she didn’t quit, she worked illegally instead, which isn’t an ideal start. This is why I’m recommending returning home and applying for a CR1 - or be prepared to be asked some difficult questions in the interview.

 

Shes still on a visitor visa though, so working remote while on that visa is illegal? Yes, it is. This is why I’m recommending reading the guides, as sounds like there’s a few things you need to read up on.

 

Well school isn’t happening now that everyone has told us that. 

 

Im not sure I’m seeing where the visa fraud is happening. 

See above.

 

[Dashinka 23,199]

2 minutes ago, Fluxed88 said:

It is extremely difficult. Under certain circumstances in life you do what you’re heart tells you to do.

 

 It took some convincing from me, but her entire family is here. Her only family, so it’s not that outlandish to leave and not go back. Nobody is left in Macedonia for her. I see your sarcasm and it’s not appreciated. 

Just remember, intent can be assessed at the AOS interview.  Did she tell her boys "we are moving to America" prior to entering the US or something like that which an IO can assess as misrepresentation, who knows.  As others have said, and I agree, you can adjust status here in the US legally.  The only question I still have is can the children attend school before they get a NOA from their AOS submission. 

 

Good Luck!

[Zoeeeeeee 795]

8 minutes ago, Fluxed88 said:

It is extremely difficult. Under certain circumstances in life you do what you’re heart tells you to do.

 

 It took some convincing from me, but her entire family is here. Her only family, so it’s not that outlandish to leave and not go back. Nobody is left in Macedonia for her. I see your sarcasm and it’s not appreciated. 

Again, another example of why it just doesn’t seem believable that she only came for a visit and the marriage wasn’t preplanned. I don’t buy it. Sorry. You probably want to think about how you word all this when you’re trying to convince the interviewing officer.

 

EDIT: if there’s no one left in Macedonia, who packed up all her worldly possessions when she decided to stay in the US? Presumably she didn’t bring those if she was just visiting? Same with her divorce documents - before you said her family brought them...now you’re saying her family are all here?

 

Again, you’re going to want to iron these creases out before you tell the interviewing officer this story...

Edited August 27, 2019 by Zoeeeeeee