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

[Dashinka 23,251]

44 minutes ago, payxibka said:

Never said his facts were clean.  We don't know the questions asked at the border to allow them in.  Since intent is determined at the border that may or may not play.   Still doesn't change my opinion about putting the kids in school while the applications navigate 

Intent can also be assessed at the AOS interview.  Of course many folks successfully adjust from a B2/ESTA, but there are always hurdles.  Btw, tanks to @missilemanfor sending me this link.

 

An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility.

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[JeanneAdil 6,203]

43 minutes ago, payxibka said:

Never said his facts were clean.  We don't know the questions asked at the border to allow them in.  Since intent is determined at the border that may or may not play.   Still doesn't change my opinion about putting the kids in school while the applications navigate 

kids need to be in school / i think we all agree

and here the illegals are even allowed (and the school does not call ICE about the family)

 

Under federal guidance, K-12 public schools cannot ask about a child's immigration status and, even if they do know, staff must treat them no differently than U.S. citizen students

[JeanneAdil 6,203]

23 minutes ago, beloved_dingo said:

It says "one or more of the following" and includes "passport number and country of issuance". I don't see the issue? People who are going the CR-1 route often have a joint bank account even though their spouse is in a different country. Some banks are more strict than others of course, so it is still an issue for people regardless (but not impossible and not illegal).

but her passport (for ID at bank )  would have been marked B1 visa not an immigrant visa 

 

[Nitas_man 3,100]

4 hours 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. 

Almost seems planned then.  Who carries divorce documentation on a vacation

[Boiler 43,450]

15 minutes ago, Nitas_man said:

Almost seems planned then.  Who carries divorce documentation on a vacation

Well you never know when you might need them, as in this case.

[payxibka 10,044]

1 hour ago, Bill & Katya said:

Intent can also be assessed at the AOS interview.  Of course many folks successfully adjust from a B2/ESTA, but there are always hurdles.  Btw, tanks to @missilemanfor sending me this link.

 

An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility.

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

The only inadmissiblility the uscis will look for is misrepresentation at the border.   If no misrepresentation is found, the decision of the CBP is final

[Dashinka 23,251]

4 minutes ago, payxibka said:

The only inadmissiblility the uscis will look for is misrepresentation at the border.   If no misrepresentation is found, the decision of the CBP is final

I believe they can also look at misrepresentation as far back as the NIV application.  The point is that this is possible.

[Mrs Thor 16]

8 hours ago, Fluxed88 said:

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

I believe you both should file I-130 and I-485 concurrently like what me and my husband did. She has to stay here in US while the case is still processing and cannot work until the EAD is recieved. 

[nosleep 130]

I thought even a 10 year visa only allowed a maximum visit of 6 months per year or is this not correct?  

[Boiler 43,450]

Just now, nosleep said:

I thought even a 10 year visa only allowed a maximum visit of 6 months per year or is this not correct?  

Incorrect, down to the POE, 6 months is normal per application.

[SalishSea 16,776]

6 hours ago, Fluxed88 said:

Yes she has permission from her ex husband. Everything legally written out with proof

This doesn't really jive with your story of spontaneously marrying on a B-2.

[Boiler 43,450]

1 minute ago, Jorgedig said:

This doesn't really jive with your story of spontaneously marrying on a B-2.

Not sure it really matters from an Immigration perspective, just amusing, who on here buys this?

[SalishSea 16,776]

2 hours ago, Bill & Katya said:

Intent can also be assessed at the AOS interview.  Of course many folks successfully adjust from a B2/ESTA, but there are always hurdles.  Btw, tanks to @missilemanfor sending me this link.

 

And this is starting to be done more frequently, as we have seen from several recent posts on VJ.

[Boiler 43,450]

1 minute ago, Jorgedig said:

And this is starting to be done more frequently, as we have seen from several recent posts on VJ.

Adjusting was always more common, I assume it still is bit do not know the current numbers.

[PaddyGirl13 75]

2 hours ago, Boiler said:

Well you never know when you might need them, as in this case.

In all honesty, before I moved here, I used to bring a copy of my divorce with me to prove I had sole custody of my kiddo for all travel out of my home country. I was only asked about it once  (out of 5 trips) and they were happy with the paperwork. 

Edited August 27, 2019 by PaddyGirl13