DerZinker

Based on the experiences of other members who have adjusted from B visas and if your account is accurate, then anecdotally your wife should be able to adjust her status in the US.

You need to remember that this is an internet forum. And its right on the home page that we are not lawyers. I would recommend you tell your tale to a qualified family based immigration attorney. A specialist. You do not have to hire this individual to process your wife's case. You can consult with them and if you get the answers you want to hear, you can probably process the case on your own. I believe everyone who is thinking of "doing business" with USCIS/DOS should have a consult with an attorney. I especially believe this to be true of persons who are considering adjusting their status if their last entry was non-immigrant (as was your wife's last entry).

Remember that your wife cannot leave the US while she awaits an answer on her status adjustment. Even if the Service gives her an Advanced Parole document, do not let her leave the US while that application is in process.

*edited for spelling*

Thanks for this post. Frankly I would only go to a lawyer as a last resort and I hardly think it's necessary in our case as we've never been outside the law. A consultant isn't a horrible idea though...

As far as the travel abroad, I'm curious as to how long that petition usually takes and how that works generally. If you file for permission to travel does that usually get approved prior to the visa interview? If not, I can't really see the point...

Thanks all for your input, it has been very insightful. Thank you also Vanessa&Tony for posting those links to backup your position because that's what I asked for. I didn't mean to ruffle feathers and my objective is never to go outside the law or be untruthful, but I really wanted to explore this concept even more thoroughly as it has come up time and time again and I'm starting to think that maybe this has crossed our path for a reason. As of right now, our original plan is still in effect and we plan to return to Mexico in January and file DCF when we return in order to move to the US in the Summer of 2012. Thus we would do everything abroad. But I suppose in the instance that life throws something else in our direction while on this trip we may consider other alternatives...

Border Agent barely spoke to my wife. We entered together as a family and I did most of the talking, which is how we typically do it. There was no secondary and the 7 times or so we have travelled to the US together there has never been a secondary (or even so much as a cocked eyebrow for that matter). Border agent just asked what we were doing on our trip (response: visiting my parents) How long we'd be in the US (8 weeks) and what I do in Mexico (Told her my job title and the company). That was it. She did my wifes standard fingerprints and photo and we were through the door. Customs was even easier and I think they didn't even look at us.

Just to pose the theoretical question then (trying to keep things simple here)... I do currently reside in Mexico and have been there for years. Obviously I have considered filing (again) for my wife for a long time now and have plans to file DCF sooner or later. We came up for an honest-to-God vacation to my hometown to be with the in-laws / grandparents for Thanksgiving and Christmas. My wife entered on a legit B2 and I told the border agent in Houston that we would be in the US for 8 weeks exactly and that I am currently employed in Mexico which is all completely true.

So lets say for the sake of interest that I get an attractive job offer next week and they want me to start in two weeks (before my return trip to Mexico) and I take the job. We decide to file AOS and not return to Mexico in order to keep the family together. What about this scenario is illegal, wrong or risky?

Der Zinker -

I'll grant you there are a lot of individuals who have a problem with people adjusting status if they have not gone through the visa process. And you'll get a lot of very wrong, judgmental information from them.

But, that being said - I think you are confused by the information given you by the officer at your Regional Office (or sub office or wherever you went). Since you and the wife are already stateside, the officer was suggesting you file now. And not return to Mexico.

If you go back to Mexico and try to re-enter, you are playing a risky game because of what can happen to you at entry. You may sail through fine. But if the wife ends up in secondary, the game is entirely different. There is generally a record in CBP's system of any secondary questioning. This takes you to an entirely other level of play, because her answers will be recorded. If they ask if she plans to immigrate to the US and she tells them the truth, they will pack her back home. She won't even get out of the airport.

It's true that a status adjustment won't be denied because of intent at the border. But if an alien tries to deceive a border officer, that becomes misrepresentation. I've got nada, zero, zilch problem with people adjusting from within the US if they had no intent upon their last entry, so take it from me straight that I'm not telling you these things to discourage you. I'm telling you these things because they are the truth.

Thank You, RebeccaJo. Your comments are sensible and easy to understand. Like the first response to my thread I can absolutely see how that could turn real ugly real fast if you run into problems at the POE. But just from my experience and because it has been such a breeze travelling to the US with my alien spouse over the past several years (and because we have always been within the law), I just don't see entry being a big problem. Possible yes, but highly unlikely.

It's not "to some degree dishonest", it is ILLEGAL to enter with intent to adjust on a visa that doesn't have dual intent. The fact that they don't ask about intent in the interview is irrelevant (it cannot be used as the only factor for denial but it can be included).

You seem convinced this is the route you're going to take so just do it. Don't come crying here though if she's denied for material misrep and given a lifetime ban. That is the risk you're taking. It may be a very small risk but even the smallest of risks would be enough for me not to try it because being with my husband the proper, legal, and risk-free way, is more important that saving a little money and time, obviously the same can't be said about you.

I should also mention it's people like you, breaking the rules (entering with intent), who cause countries have their VWP privileges revoked and I'm sure the door will eventually shut on AOSing from anything but a visa that allows it because people like you think you're above the law. AOSing from a B2 isn't illegal, entering with intent is and that's what you're doing.

Thank you for your lecture, but don't blast me for asking legitimate questions. I'm not necessarily convinced that this is the route I'll take, but now that a USCIS officer essentially recommended to us that we file this way, it makes a lot of sense to me to explore this option as it could be considerably more convenient for me and my family which frankly is all I care about. For some reason the option to Adjust Status just burns you up (along with many, many other VJers I might add) and it's hard for me to understand why exactly. If we travel to the US with only the possibility of staying in mind and I happen to find work while we're here and we file AOS, I don't see what makes that illegal at all. If it's not working out, then we go back to Mexico and do things there. It is very much a grey area and members like you who rant about fraud and being on the wrong side of the law is imprudent IMO.

Oh, and don't lose too much sleep over me ruining VWP Privileges for the rest of the world, lol. I'm filing for a Mexican beneficiary and any privileges the Mexicans may have had in respect to visas disappeared long, long ago. Believe me, if I could attend an immigrant visa interview with my wife in Sydney then maybe it would be a different story, but not so much for us...

The real kicker for me though is how convinced you are (and again along with countless other VJ memebers) that this is totally illegal, but there don't seem to be any real consequences to filing this way. On the contrary, it seems that generally this 'illegal act' is rewarded with an approved petition and all without having to travel to the consulate abroad and be treated like a farm animal for several days. You drop terms like 'lifetime ban' but I have yet to meet or hear from anyone who has had this experience (much like the rampant horror stories of an intending alien tourist being turned back at the airport). By all means, if you have a link to a thread where someone has tried this and failed, please post that and maybe I'll reconsider. Until then though, pretty much everything you're saying is just hearsay.

Because it is ILLEGAL to enter the US with immigrant intent, which you would be doing. If you were already in the US you could AOS (providing you didn't have immigrant intent). If you're willing to risk your "loved one's" status just to save a little time and money have at it.

I understand that this approach could be considered to some degree dishonest, though I'm questioning the legality and at this point I'm not at all convinced that this approach would put my wifes status in jeopardy. Thus your post isn't very helpful. Thanks though.

Your situation is quite different from the normal "is it okay for us to go to the US on a B2 visa or VWP and AOS there", so I'm not sure what is the best way to go about this... But I still don't think it's right to AOS while on a B2 visa or VWP. Just my MYR 0.02.

I think our situation may be different from the norm as you stated, but I struggle to comprehend why you think this approach is 'wrong' when it seems to be accepted if not encouraged to some degree for those who qualify. I do think this is something of a 'grey area' as defined by the USCIS, but if chances are good that it will work and make our lives easier, why is this approach so discouraged?

Entering the US with an alien spouse, 2 kids, and a household worth of items in tow for a "visit" may cause you problems with CBP. That is a potential hurdle for your plan.

I mean, you make a good point about this being a potential hurdle and I can't say that I don't get a little nervous when we go through customs every time we take a trip. But from experience I have never run into even the slightest issue at this stage and this would be among the least of my worries under this scenario.

Entering the US with an alien spouse, 2 kids, and a household worth of items in tow for a "visit" may cause you problems with CBP. That is a potential hurdle for your plan.

Thanks, but this hasn't been a problem at all so far in the past and we've travelled to the US together as a family at least a half-dozen times the past few years; generally with fully loaded suitcases without so much as a hiccup.

*Sigh* ... I'm currently in the US. I made an infopass appt with the USCIS here to ask a couple of questions and namely, to obtain my wife's A# because I knew she probably had one (I was right), but no idea what it was. So the wife and I go to the appt and the officer was aloof to some degree, but still helpful. I briefly explained our situation and my plan to file DCF in Mexico to him and one of the first things he tells us is: 'if she entered the US legally and is married to a USC, she can apply to adjust status within the United States.' 'Um, yes, but isn't that, y'know, frowned upon?' I asked. 'Not really,' he tells me. His responses were somewhat aloof and I asked him at least three times about that and if it would be a problem of not. didn't go so far as to guarantee approval or anything, but reassured us that it was an option and basically let on that it would be perhaps the best option for us. He did mention the word 'intent' but didn't say anything about fraud or mention any serious risks in that approach and even gave us a document with instructions on filing the I-485 along with the I-130 in the US.

VJ has been very helpful to me and I have done extensive homework on the visa process here for the past several years. But, I have posted this question several times in the past and have seen it come up from other members and all VJ'ers have to say is that this is a huge no-no but don't have a lot to back it up with. Honestly we would love to avoid having to go through Juarez and after crunching the numbers again, filing AOS in the US would probably actually save us some money (and a lot of headache - ideally).

So once again, I am going to put this scenario out there and ask for your opinion. Let's say we come to the US to visit and I get a job offer and we decide to file AOS, which could be a very plausible reality. I'm sure it depends a lot on the individual case and we have nothing to hide and have actually already been approved for an immigrant visa abroad six years ago (which I think could help our case). I'd love to hear from someone who has tried this and failed.

You should use a jimmy. If she were to get pregnant it won't be the end of the world, but it certainly would make for that much more for you to think about and be responsible for. One thing at a time, man!

On a personal note, we actually discovered that my then-finacee was pregnant with our first child at the medical exam in Cd. Juarez. How's that for shaking things up a little?? She was still approved, but with that news and some other unforseen circumstances we settled down in Mexico and I guess that was just our destiny.

I just realized that my wife does not have a Mexican Passport, should I get this fixed before sending the I-130? or can I send the I-130 then get her passport?

Thanks...

Oh and one more thing, to be considered for the DCF I need to have my FM-2 or FM-3 or can I do it just in the basis that I married a Mexican Woman while being a Tourist here and now I am living here?

Thanks

Pretty much what Ulises said.. as far as her passport I think you can get away with not having one at least until it's time to go to your interview, but of course she'll have to have a vaild Mexican passport by the time she goes in to her interview in Juarez. You can just use a copy of her IFE as proof of identification when you send in the I-130 (at least that's what it says on the Mexico City requirements form). It says either a copy of either a valid passport or her IFE, so I assume either will work.

For the other thing, unfortunately you must have either a valid FM2 or FM3 to do DCF. That, and copies (3 past months preferably) of bills in your name with your Mexican address (i.e. cable, phone, internet, bank statmenets, etc...). The FM2 / FM3 can be a bit of a pain to get for the first time depending on your situation (basically depends on if you either have money or good income coming in from the states or a company in Mexico who is willing to hire you and help you out in getting the visa), so if you don't already have one and you aren't in a big hurry to get to the US, you might consider filing in the US and waiting out the process a little longer. Totally up to you of course, but the FM2 / FM3 visa can be kind of a hassle - just FYI.

I think maybe you are talking about the 'Tax Number' .. I've always heard of it referred to as an Alien Tax Number or something like that. I mean, I could be wrong but I'm thinking that might be what you're talking about.

It is not the same as the A# or Alien Registration Number. The Tax Number is like a special number that's issued to aliens or alien spouses by the IRS that is just for tax purposes only. It's kind of like the substitute for her SS# that you use when you do your taxes and you need that number if you're going to file for a joint tax return with someone who doesn't have an SS#.

Man, if I were you I'd have her meet me halfway in a nicer / quieter part of the country like Puerto Vallarta or Guanajuato or something .. Sorry, I've actually never been to Acapulco, but the Tapatios don't speak fondly of it. Anyway, all kidding aside, I think like someone else suggested, it would probably be easier or cheaper if you get into Mexico somehow and then book a Mexican busline to your destination. The Mexican bus rides are actually pretty nice and generally very reasonably priced.

But if you do go from a border town to Acapulco then you're in for a long ride. Another option you could look into is to fly with viva aerobus. They are a super cheap Mexican airline and I know they fly to and from Monterrey for like 800+ pesos roundtrip. They also have some US destinations, so it could be worth looking into.

Is there any reason to choose a more expensive way involving fraud and a possible ban for life from the U.S. (AoS) over the cheaper, correct way that will not 'cause you guys to wake up in the middle of the night, sweaty, afraid that at some point (AoS/RoC/N-400) your scam would be detected?

Why even contemplating something so dangerous if there's an easy, readily available path to do this?

Ok this is a little harsh, but still, dude has a point. Since you're living there anyway you might as well just bite your lip and go the 'legit' route. You will save a lot of money for one and also it's just more of a sure thing, whereas, if you go the 'grey area' as you say (like that description btw b/c I think that sums it up well), then you could potentially run into small problems and worst case scenario run into big problems.

Especially since you have a business there and it sounds like you can make your own hours and all that I think it's a great scenario to just take your time with the whole thing and do it the 'right way.' It'll give you plenty of opportunity to really do your homework here on VJ and ensure that you won't run into any hiccups down the road (and how to react if you do). I thought about doing what you proposed but I'm 6 years married and I figure since I'm here in Mexico with my family anyway, there's no need to take unnecessary risks.

This:

you need to wait for your visa before buying plane tickets

Listen to her. You could be sorry if you buy tickets before you have a visa in-hand... Worst case scenario he will have paid 2x the price for nothing!

Wow, That's tricky. I assume she has a place a place to stay because I doubt that she's been in a hotel for 11 weeks. I strongly recommend that anyone who doesn't want to wait things out in Juarez to select a DHL office close to home. Even though many people can get their visa in just a day after their interview, I have no intention to hang out in Juarez any longer than I have to and thus will select my local DHL office and get the hell out of dodge after my wifes interview.

Not sure about this, but perhaps there is a way she could select a new DHL office since her visa hasn't been issued yet and then she can go home (or at least go somewhere else in Mexico that isn't Juarez) and wait for her visa there. That's what I'd do.

How about pictures? Did you submit pictures when you filed the petition? I'm sure you must have some pictures of the two of you together with your son. Pictures that have other family members (yours or hers) in them with either of you are also a big bonus. In my opinion, a picture's worth a thousand words.

Aside from that things like correspondence between the two of you - phone records, emails or anything else you can think of could also help. Any kind of correspondence from family or friends that address you two as a couple is also good.

No.. that's not true. Even if he has a criminal history, they do not consider the Mexican Police Certificates as legit and therefore they are not required for anyone. at all, ever

Not much has changed for Mexico from what I understand. DCF means that you file your petition (I-130) to the Embassy in the foreign country in which you reside - (Direct Consular Filing). If you live in Mexico you can send your I-130 to Mexico City. The advantage is that the process moves much faster and that's pretty much the only real difference.

If you don't live in Mexico you send your I-130 to Chicago. You can also send your petition to Chicago even if you do live in Mexico, but that is not DCF. The advantage is that the process is a little more straightforward and you will most likely have no problems receiving your documents at your US address (vs. receiving docs in Mexico which can be a problem depending on where in Mexico you live), however the process is dragged out considerably longer.

Regardless of where you send your docs, you'll eventually receive follow-up packets (3 & 4) that instruct you on the next steps after your initial petition is approved. I believe that a large part of the process is done online in any case for all Mexico petitions.

A Mexican beneficiary doesn't need Police Certificates at all. Ever. So don't bother because they won't even look at it. It says this in the instructions on the form, just read the fine print.

Copies of everything is fine and you really don't need to translate anything either because it's Spanish. If you're going to do it, then it shouldn't be a problem but it's not really needed. The one document that you might want to translate is the marriage certifiacte, but that's the only one that's worth the trouble.

You do want to make copies of originals though and I would recommend that you make them as nice and legible as possible. For the birth certificate, I think a certified copy would be fine so long as it looks just like the 'long' birth certificate (not just a little card). In any case, you don't really need his birth certificate until you go into your interview.

Cool, congratulations. Good Luck!

Quick question...?

Even if I dont go the DCF route the interview for my wife will allways have to be Cuidad Juarez?

Hi BIT welcome to the thread. Yes, there is no getting around Juarez. All beneficiares in Mexico must go through Juarez, no exceptions.

Thanks very much to everyone else for your responses. Keep 'em coming. Honestly it isn't much clearer to me now because I think everyobdy had a different response, but it does comfort me some to know that maybe they aren't quite as picky as I originally thought. I try to call the Embassy in DF and I pratically have to fight with them just to get a word out but in the end they always end up transferring me to a dead end and no answer. My tax dollars hard at work.

I have an infopass appointment in the United States with USCIS and I'll ask them about this while there. Hopefully they can help. But if anyone else can share their experience with the payment to DF that would help huge. The more the better!

First off you probably shouldn't need an apostille for any of your documents; if you have one then more power to you, but it's not something that's required. In response to your question, no, I haven't heard of anyone providing or having to provide documents proving what school the spouse attended.

Now, if he were going for a student visa or something of the like then that would be different, but I'm assuming that's not the case for you and your husband.