Cmpalaz

Thank you for all the input. I won't get into a long post about defending myself or why I asked the questions I asked. The point is I came here looking for some clarity and help. I am new to this process and don't know all the options available. But, I will be doing more research and hopefully will learn more. 

As I said, several people here in Nicaragua suggested to me we go the B-2 visa then AOS route. So, I didn't fully understand what that entails. It was just suggested to me we wait 90 days before turning in the application to ensure there are no holdups in the process. I do know, like Venezuela, many Nicaraguans have recently left on tourist visas seeking asylum in the US. 

It is very easy to judge someone from afar when you have no idea of their situation. I assure you, no one would choose to be where I am now. The threats, violence, and kidnappings here continue. I was threatened with immediate deportation if I didn't sign an affidavit stating I fully support the government here. If I didn't sign, I would have been separated from my daughter without even knowing what would happen to her (she is a dual Nicaraguan/American citizen and needs to have a special permission from the government to leave the country).

Last week, I met with a human rights lawyer and they advised I leave the country as it's been confirmed that my employer (soon to close down) is on a government watch list. I have been advised to keep a "low profile" until we can get out. Obviously, we want to leave as a family. I have video of paramilitaries shooting in the street in my residential neighborhood at 11am while my daughter was at home. My daughter's 2nd birthday party was interrupted by a group of government supporters calling my family terrorists and coup mongers. I could go on. 

10 minutes ago, USC4SPOUSE said:

Here is another thought. What if you relocate to a country that has a USCIS international office. 

The following countries around you have a USCIS International Office. https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices They all process I-130 Petition for Alien Relative really fast. You can check their processing times here.  https://egov.uscis.gov/processing-times/international-operations-office Though, I listed them below for your convenience.

• El Salvador - San Salvador Field Office ; 1.6 months
• Guatemala - Guatemala City Field Office; 2.4 months
• Mexico - Ciudad Juarez Field Office 
• Mexico - Mexico City Field Office ; less than 1 month. 
• Mexico - Monterrey Field Office ; less than 1 month.

If those countries are not an option, then you could probably opt for Costa Rica and pursue Direct Consular Filing (DCF) there. It sounds like your safety is at stake. So really, just leave. If Costa Rica will for sure grant you asylum, then take it, and pursue DCF there. 

Thank you. This is extremely helpful. I am going to talk with my husband about this since the times seem really doable.

4 minutes ago, EM_Vandaveer said:

You don't start the process at the Embassy/Consulate. Read up on the process. You file I-130 & I-130A with USCIS first. USCIS has to approve the petition then it goes through further processing at NVC and finally it's sent to your Consulate. I still don't understand why not relocate then start the process? If you are not safe where you are.

Ok, thank you. I will read up on the process. Yes, we have decided it is definitely time to leave now. I think before we had some hesitancy as things were still unfolding. Employment prospects are important to us as we need to have a way to support ourselves and our child. Many Nicaraguans who left for Costa Rica, have since had to return due to lack of employment. 

1 minute ago, EM_Vandaveer said:

The reason I said temporarily was so you & your family would be out of danger while waiting for the spousal visa process to run its course. I understand the goal is being together in the US.

My understanding was we had to officially set up residency in a new country in order to apply for the spousal visa at the US Embassy. When the US Embassy here was closed, they told anyone wanting a visa to relocate to Honduras or Costa Rica and apply there. Is it possible to start the process at the US Embassy in Nicaragua, and then go to another country to wait it out?

3 minutes ago, Boiler said:

That does not constitute an asylum claim. Sort of describes the majority of the world.

Jeez. I'm done.

23 minutes ago, USC4SPOUSE said:

Sure. All I am trying to do here is provide OP with options; instead of choosing to believe that OP had the intention of circumventing US immigration laws. Most people are not aware of that. It would be more helpful if those who do know how it works, simply explain that coming on a B1/B2 visa is not OK, and also offer options/solutions; instead of requesting to close down the thread because OP wants to commit fraud. It seems to be a theme around here.

That's all I'm saying.

 

Thank you. As I stated in my original post, I am new to this process. Just trying to figure out best options in a increasingly unsafe situation. The option to enter on a tourist visa and then apply for AOS was also suggested to me from several people who in Nicaragua, so I didn't really understand the rules around that. We have also entered the US 6 times as a family over the past 3 years and never once has my husband been asked for employment docs or even questioned beyond basic reason for visit. I assure you we didn't get a tourist visa to scam the US. I am married and have a young child. I want to keep my family safe. 

3 hours ago, EM_Vandaveer said:

Is there any way you guys can temporarily re-locate to, for example, Mexico?

We have considered both Panama and Costa Rica. Panama because there are pretty good work opportunities for me and Costa Rica because my husband is automatically granted asylum. In the end, figured the US is the best option since my family is there. Since we have a young child, we do not want to be isolated without the support of family. 

4 hours ago, Larindra said:

Hi I think the better way to enter the US is with a spousal visa. Yes there is a wait and I know that the conditions in Nicaragua are awful right now. However it calmed down a little bit and it's more of an economical strain right now. I suggest to file I-130 for your spouse and wait out the process with him in Nicaragua if you can. You also need to establish domicile at some point, just something to keep in mind.

 

I wish you all the best. Hang in there.

Thank you. I would disagree that it is more than just economical now. Yes, the economy is in shambles, but the threats and violence continue. My brother-in-law left for Costa Rica right before New Years after having "plomo" spray painted on his house. Managua, where we live, is highly militarized. It is completely "normal" to see hundreds of heavily armed paramilitaries during a weekday morning. 

40 minutes ago, missileman said:

How long have there been political issues in that country?  His attempt to enter and adjust or claim asylum could be seen as a way around the year-long wait that CR-1/IR-1 couples must endure.

The crisis began in April 2018. The US Embassy was closed for all immigrant applications from April-September. They reopened in October. 

37 minutes ago, NuestraUnion said:

What is the basis of asylum? Asylum is not as easy as many think to be approved. Just because your country is having political issues doesn't mean it is a good reason for asylum. The United States just suffered the worse government shutdown in history. All governments have issues.

 

Are you or your husband in politics or are reporters? Were you involved in protests?

 

Simply asking to get a clearer picture of your situation.

Yes, I completely understand asylum is not a guarantee. My husband was involved in the protests- he attended marches regularly from April-June. We also provided support to some of the university students during the months of June-July (bringing food donations). I work for an NGO that is now closing down operations. I have been threatened by the government- specifically told I was going to be deported if I didn't sign a letter confirming my support for the government. This happened in November. I recently learned my NGO was added to a government watch list. We tried to hang on in the hopes that things would improve, but it is clear they are not going to any time soon. 

17 minutes ago, NigeriaorBust said:

 Entering the US using a tourist visa with the intent to file AOS is immigration fraud.  Be sure to tell the immigration officials about your plans at the border so you wont get accused of lying on entry and see how your trip goes.

Ok, thank you for your feedback. We are also looking at asylum as an option. It's my understanding you have to physically enter the US in order to apply?

Hi all, I am new to this whole process and am hoping to get some clarity. My husband and I have been together since 2010; we married in 2014 and have a 2-year old child. He is a Nicaraguan citizen and I am American. We currently live in Nicaragua (that is where we met, married, and our child was born). My husband has a B-2 Tourist Visa and has visited the US 6 times in the past 3 years. He is legally allowed to stay in the US up to 6 months at a time. 

There is an ongoing political crisis here that has led us to decide to relocate to the US. We did not start the Green Card process here because the US Embassy was closed for a few months due to the crisis. It reopened in October and announced applicants for immigrant visas could expect significant delays in their processing due to the closure and ongoing crisis. Based on feedback from others here, we estimated it might take up to a year and we felt that it was unsafe to stay here for that period of time. We have decided to enter the US as a family with just the B-2 visa and then apply for the Adjustment of Status while there. We have tickets to the US next week and are preparing the paperwork we'll need to apply for the AOS while there. 

I have read that applying for an AOS from a Tourist Visa within the first 90 days in the US is a red flag. Is this true in all cases?