chickenavocados

12 minutes ago, Viridian said:

Congrats, that’s awesome! Which Service Center were you assigned to? 

california

Feb 9, 2022 case was approved. awesome

7 hours ago, Shiran said:

Congrats on the interview, hopefully your status will change to card is being produced soon. Please share experience in details when you have a chance? 

We filed back in February but did not get a NOA until March 4

My wife came on a B2 visa, I live in San Diego and she was living in Tijuana. She came in december and delivered the baby and we decided to do an AOS rather than a K3 or a CR1 visa

Had interview yesterday - pretty standard questions. 

Received approval this morning at 4am that our case had changed and that a green card had been ordered

Had interview today - Immigration officer stated that she would recommend approval pending background check. will know more tonight

My wife and I finally have our interview scheduled.

I live in San Diego and she lived in Tijuana. We were married back in November and had a child in December. Once she was close to her due date she stopped crossing and hasn't crossed since somewhere around the beginning of december. We filed for AOS from a Tourist Visa to Permanent Resident

I am worried about some of the posts talk about visa fraud and how you can be banned for entering and getting married on a tourist visa. 

With the frequency that we used to cross the border (and will continue to cross the border once she has a green card) it made no sense for her to get married and then stay here and not leave. I am just concerned on the whole 'you entered knowing you were going to get married' aspect. Her intent when she originally got a tourist visa was never to get married so that she could immigrate here, this is just how we ended up.

Obviously we love each other and are not trying to commit fraud or anything of the like. It made the most sense to get married and have the child born in the usa then to wait out the spousal visa and then do an AOS.  We have a marriage certificate, a child together, and a house with both of our names on the deed. 

Are we in the clear here? I would appreciate a vote of confidence

Thanks

I can't believe how big their backlog must be. Insanity that EAD and AP are taking 6.5 months now. So disappointed in the failure of our government to do its job.

I have a question that hopefully someone can answer

We applied for AOS in February and have received notice that things are proceeding along

My wife's mexican passport expires in July. Should we have it renewed at the local mexican consulate or should we wait until the whole AOS process is complete? We applied for AP and she would like to visit friends and family back near mexico city once that is approved

Thank you

1 hour ago, aaron2020 said:

Her Global Entry card is scanned every time she enters the US.  How often is she going to visit her husband and child in San Diego?  Every day after work?

 

She can not live in San Diego on a B-2 to await consular processing.  

 

The pinned thread about visiting is about visiting.  Not living in the US.

 

Pick your poison.   She lives in San Diego, then file for AOS and not be able to work until she gets her EAD or leave and reenter the US until she gets AP.  Or she lives in TJ, then file for consular processing with permitted visits.  If CBP determines that she is using Global Entry and her B-2 visa to  live in the US illegally, then you will have a major problem.

She would cross like many 2-3 times a month. She would definitely be visiting until the CR1 is approved and then she would live with me.

As I understand it she is allowed to visit for up to 6 months correct?

14 hours ago, pushbrk said:

And she'll get stuck in TJ the first time she leaves after you file to adjust status.  There is no reason she cannot visit during the visa process.  Read the pinned thread at the top of this forum about that.  Plus, I already said that since she has the global advantage set up (or whatever it's called), she should have zero problems with CBP visiting during the CR1 process.  The AOS process, is what will get her stuck in Mexico if she leaves, or stuck in the US, to avoid getting stuck in TJ.  Pick your poison.

I appreciate the advice.

Thank you

Just now, pushbrk said:

The CR1 visa.  Does she have a family address she can use as her residence address in Mexico?  Since she is not authorized to "reside" in the US, she really is NOT residing in the US.  I don't think she's actually facing any penalty for what she's doing, because she's leaving most days, but that's a technical legal question, and I'm not a lawyer.  She's already been playing fast and loose with US Immigration.  That has to stop now, though or there WILL be consequences.

 

You'll get incomplete advise here sometimes from people.  You also tend to have a tendency yourself to "hear only what you want to hear".  That needs to stop too.  Check out the anonymous quote in my signature.

Hi yes,

originally we had planned on getting the CR1 visa and having her use her address in Tijuana that she lived with friends since I think it's pretty understandable that she has been staying with me, but I was concerned because other posters have brought up about her being stuck in TJ if we don't do an adjust of status

4 minutes ago, pushbrk said:

You realize that if you do that, and she leaves the US, she will not be coming back and you'll have to start all over.  Once you file for AOS, her B1B2 visa privileges cease.  It sound like she has been misusing her visa, leaving 5 or 6 days a week to go to work but, in reality, she's living in the US, not just visiting.  She is only authorized to visit.  Do you really want her to quit her job, be unemployed for 6 months or more and stuck in the US?  That's how adjustment of status would work for you. 

What is the alternative? 

Thanks

6 hours ago, geowrian said:

Lying on a form signed under threat of perjury is a crime, yes. Lying on any form or to any immigration officer is also a major issue with severe consequences.

The truth is what it is...never, ever provide an answer you think sounds better over one that is the truth. There's plenty of stories on this website where people have created very bad situation as a result...often with the opposite result than what they desired (e.g. lying to avoid being separated -> permanent bar on any visa).

 

As for the specific question being asked on the form, is she "living with you" or visiting you and just staying at your residence? Those are 2 different things. Assuming she is a visitor to the US and not violating that status, the answer seems pretty clear.

I have another question for you since you seem to be knowledgeable on this topic

She has a i94 that is expired however she was admitted into the US without requiring an additional i94.

Should I reflect this on the i485 or should I leave it blank?

Thanks

1 hour ago, aaron2020 said:

Yes, it's against the law for her to be living in the US without the proper status.  A B-2 is not for living in the US.

 

If you don't want her to be stuck in TJ, then file for AOS.  She will have to stay in the US and wait for her AP/EAD card before she can leave the US and re-enter.

1 hour ago, aaron2020 said:

Yes, it's against the law for her to be living in the US without the proper status.  A B-2 is not for living in the US.

 

If you don't want her to be stuck in TJ, then file for AOS.  She will have to stay in the US and wait for her AP/EAD card before she can leave the US and re-enter.

okay well sounds like this is the best choice then rather than trying to ad-hoc our way through it.

We will apply for the AOS

Thanks

10 minutes ago, geowrian said:

Lying on a form signed under threat of perjury is a crime, yes. Lying on any form or to any immigration officer is also a major issue with severe consequences.

The truth is what it is...never, ever provide an answer you think sounds better over one that is the truth. There's plenty of stories on this website where people have created very bad situation as a result...often with the opposite result than what they desired (e.g. lying to avoid being separated -> permanent bar on any visa).

 

As for the specific question being asked on the form, is she "living with you" or visiting you and just staying at your residence? Those are 2 different things. Assuming she is a visitor to the US and not violating that status, the answer seems pretty clear.

Yes she is living with me, however it would be very easy for us to rent an apartment in TJ if this would make it easier and look better for immigration purposes

17 hours ago, pushbrk said:

Since she has global entry set up, I doubt she'll have any trouble with CBP.

 

To the OP.  You may have done a lot of research but it doesn't sound like that research included careful study of the I-130 and I-130a instructions.  Answer questions truthfully, not based on what you think you would be better off doing.  That's called LYING.  You are ALWAYS better off telling the truth, but certainly in the US immigration process.

Well this is where I am in a bind. If we were to say that she is currently living with me (even though she is still working in Tijuana) wouldn't that be against the law? I don't want to end up in a situation where my wife and the mother of my child is stuck on the other side of the border

Thanks

6 minutes ago, geowrian said:

1. Answer the form honestly as of the date you send it.
2. See #1
3. She can continue visiting as long as - and for as long as - CBP permits her to do so. As a Mexican citizen, she can receive a new I-94 each time.
   1. That said, keep in mind entry is at CBP's discretion. Having a USC spouse, USC child, and pending immigrant petition are negative factors. Spending too much time in the US can raise questions about if she is just visiting or using a tourist visa to live in the US.
4. AOS is only available within the US. She can only do so while she remains in the US, and exiting the US without AP or a green card would abandon the AOS application. ETA: ~4-7 months for AP from the date of filing. She cannot leave the US and come back with intent to file for AOS. Whether it's better to do AOS now or do consular processing 9for an immigrant visa) abroad is a personal decision based on your circumstances and goals. AOS has many drawbacks (can't travel abroad and can't work for several months, costs more, etc....the only real advantage is getting to spend the waiting time within the US).
5. Read the guides and all forms + instructions until you understand them clearly. Ask questions as needed.

Thank you this was very helpful.

Since she is planning on continuing to work in TJ she would probably be crossing daily so a consular processing for an immigrant visa sounds like it would have the best result for us.

Good morning everyone,

I would like to solicit some advice from the forum, I've done some extensive reading and searching however I apologize if this has previously been covered.

Our situation:

Me: Male, US Citizen by birth, live in San diego

Her: Female, Mexican citizen, currently works in Tijuana and stays with me but has an address in Tijuana

We were married last year in San Diego, CA and have a child together (that was born in the US last year)

She currently staying with me in San Diego and is on maternity leave. I wanted to wait to fill out the i130 until we have a birth certificate for our child

She has a B-2 Travel visa + global entry

She is planning on returning to work in TJ and visiting me back and forth.

My questions are this in preparing the i 130:

1. Should I state that she is currently in the US or is it better to have her apply as if she isn't in the US?

2. Would it be beneficial to list her address in Tijuana or am I better off saying she lives with me in the US?

3. Should she cross back into mexico and ask for another i94?

4. Should she apply for adjustment of status in the US or in Mexico?

5. Any other advice?

Thanks for your help