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My personal favorite last name law is in Chile — they legally have two last names but in practice only use the paternal one (that goes first.) If for some reason you don’t like your dad you are permitted by law to change the order of the last names once, and only once. Having daddy issues was the actual reason this major change to the law was permitted a few years ago. As far as I’m aware, even if there’s a name change out of country you’re stuck with your birth last name otherwise.

In some Latin American countries it might not even be possible. The concept of changing last names is very foreign in a lot of the Spanish speaking world. To the point where the law to change names might not exist just because no one in power has ever realized it’s something anyone would ever want to do.

I linked you to the instructions for the I-130/I-130A on the other topic you have on this. That plus the RFE should be enough.

It’s asking for domicillios.

And if the I-485 is denied a notice to appear will be issued which will make it even more complicated. Jurisdiction would shift from USCIS to EOIR.

Read the file I linked in my earlier post. It contains an analysis as to what USCIS considers to be misrepresentation for the purposes of AOS. People like to focus on intent, but the more important question is misrepresentation (as defined by BIA and the INA; again, the file I linked contains a discussion of this.) The overwhelming majority of spousal AOS cases are granted, including overstays and people on tourist visas. AOS cures a lot by action of law and local field offices have discretion to grant adjustment in gray areas. The issue you will run into is that: 1) West Africa is the most fraud prone region of the world on spousal immigration, causing the government to ask more questions. 2) You had an interview with a consular official who will have recorded what you said in writing and that will be analyzed 3) You had to talk to CBP and as a non-VWP country they likely asked questions that might have been recorded in writing in the admission record. That means you have two chances for the government to accuse you of misrepresentation. Again, read the AAO file I linked to. If you don’t think you misrepresented to a government official based on the standards discussed; your AOS might be granted as a matter of discretion in favor of family immigration. But I would expect significant questions in that regard under the current administration.

Correct — I edited after you quoted me. Pre-conceived intent and misrepresentation are different under the regulations. If you get waved through at the airport with no questions (it happens) and adjust, that’s not necessarily misrep. If you tell them you’re only here for a conference and then adjust the next day, that’s a bar for misrep. It’s why what was said to the CBP officer and the consulate matter. The question of misrepresentation is adjudicated first, then the question of intent. This AAO ruling explains it in a bit more detail. Worth reading for OP because AOS was denied in that case and it shows how broadly USCIS reads the statue on misrepresentation.

Even if there was preconceived intent, that’s not a bar to AOS in itself (Matter of Cavazos is still on the books and is binding on USCIS.) It’s not the same as fraud and is adjudicated differently. The question is what was said to the consulate/CBP upon entry, what was recorded in the visa file and admission record, and whether USCIS believes the actions after admission are materially inconsistent with what was told to the consulate and CBP in such a manner that it constitutes misrepresentation. If they do, then they can adjudicate as misrepresentation, which triggers a ban making the analysis for pre-conceived intent moot. They could also just refer the I-485 to an IJ for adjudication because it doesn’t pass the sniff test and that’d add a significant amount of time to the process even if the IJ grants adjustment. The change in administrations is a relevant factor here. Under Biden you likely would have been fine (for the reasons @pushbrk and I mentioned.) Current administration is much more likely to scrutinize all statements for misrepresentation.

It’s unclear if that’s when CR-1 was issued or when GC was issued, so theoretically could still be out of the 90 day period (i.e. CR-1 issued 9/30/2023; entered US 3/15/2024.) Its why the specific dates matter. Most likely within 90 days like you mentioned, but OP really does need to be specific with dates.

Historical norm in cases like this where they want to be strict is issuing a notice to appear, but that’s also an option. Not sure if the current climate has had any impact on their preference on detention vs. NTA and release. Important thing in OP’s case is not to sign anything whatever CBP does.

Doing a quick and dirty will (most states have government published default templates for non-complex cases) also is useful. I’d add that if you register your marriage in Colombia I also wouldn’t upload that as evidence. Latin American registros civiles are extremely particular on how things are recorded and if it lists the effective date of marriage as the day registered rather than the date of marriage it could also raise questions.

Also if the green card is not expired insist on being admitted to the United States and do not sign anything. CBP might ask you to sign documents saying you gave up your legal permanent residency. You do not have to sign them. If the GC has not expired and you’re within the U.S., only an immigration judge can remove LPR status. CBP can issue you a notice to appear before an immigration judge, but that is infinitely better than you voluntarily relinquishing status. Odds are they give you a lecture and let you in without doing any of that because CBP likes to avoid paperwork, but depending on the officer you get they could send you to secondary where you’ll get to experience what I described above.

Because beneficiary is abroad. That’s the reason. I-130 instructions (PDF): page 1, NOTE 1

Yep. OP was asking about online, but useful clarification for anyone else who finds this by searching.

The one exception to the dual intent rule. Of course

Also worth noting P-1 is dual intent. Meaning that if you wanted to you are allowed to hop on a plane tomorrow, land in the U.S., and file for AOS. You have to establish that you have a foreign residence that you plan to maintain when you get the visa, but you are permitted to enter the United States with immigrant intent. There are disadvantages to that route (it costs more and you can’t leave the country until they give you advanced parole or a green card), but you’re both at the age where people change plans on work, retirement, etc. and you might want to get a green card more quickly (AOS usually processes faster if you’re already in the U.S.; main advantage if you just want to get the green card done and over.) CR-1/IR-1 is cheaper and less paperwork overall, but takes longer. End of the day depends on what your priorities are. P-1 doesn’t make anything more difficult. Just gives you more options than most have.

Agreed with this. My comment was mainly if they wanted to avoid a joint sponsor. Some people do. If that’s not something they care about they can upload it before.

You can try it the lawyer’s way and if it works you don’t need a joint sponsor. To be safe, you can have one lined up. If they think you need one, provide the joint sponsor’s I-864 at the consulate. If the consulate doesn’t ask for one, you can tear it up. Avoiding having an actual joint sponsor is a priority for a lot of people, which is why the lawyer probably advised you the way he did.

They have a difficult situation and a lawyer likely has seen the equivalent or more difficult. They’ll be paying for unbiased advice that has recent experience dealing with the immigration system in difficult cases. Most reputable lawyers offer consultations and many don’t take cases they don’t think they have a decent chance of bringing about a positive outcome. It looks like OP had issues structuring their presentation of the evidence last time — that’s also something a good lawyer can help with. To be honest, I think a lot of trips with the intent of accumulating in-person time together with the goal of accumulating evidence is a waste of money if a lawyer reviews the case and doesn’t think even that would help because of the case history. At that point they should consider other options like the wife moving there or moving to a third-country. Speaking personally, as the USC spouse, I’d prefer to be told there’s zero chance of a positive outcome by a professional who has worked in the field before making either of those choices because of perceived difficulties with the visa. On the overall point, it’s ultimately not our choice how OP and his wife decide to proceed. I think he’s received good advice here, and should be able to weigh it when deciding what they want to do.

That’s not really any of our business to say. I agree with the advice that this will be difficult, but there’s no use in time spent here telling OP that his marriage isn’t real, and to be honest it’s uncharitable at best. They need to spend more time together, and this is going to be difficult. If they want to do it, they should consult professional help. Value judgments on their relationship aren’t helpful.

I don’t disagree with anything anyone else here has said, but I also don’t believe in beating a dead horse. If you guys are committed to this the best steps are: 1) Consult a lawyer 2) Your wife should spend every second of her vacation with you and your family. Third countries are also fine, but in countries where family is prioritized time with family also matters. 3)If she’s not already filing joint taxes, she should start doing this in 2026, even consider amending and getting you an ITIN this year. It’ll be advantageous for her financially and will show some degree of commingling (it’s not necessary, and people on this site downplay it sometimes, but it’s usually listed as evidence you can provide in RFEs and NOIDs. I choose to take the government at its word that it helps.) 4) If you have other joint assets that’s a positive, but don’t do anything that looks manufactured Listed in order of importance. Also I can’t emphasize enough that I agree with others this is a tough case, but I also believe in trying to be solution oriented. If you’re convinced this is a legitimate marriage, great. You have work to do to prove that to the government.

Assuming you’re referencing the regular I-130: typing your name in the box is a valid e-signature for that form. For form I-130A, any required signatures need to be wet signatures. If the spouse is outside the United States at the time of submission their signature is not required.

Agree with the above, but if you’re dead set on restarting now, I’d suggesting talking to a competent immigration attorney. You don’t have a straightforward case.

Correct. This is not work, even by the overly broad standards a lot of people on the internet apply to the word

If you’re really curious you can FOIA the CBP entry/exit records and see what they wrote in their record of the secondary screening. They can black out sensitive parts, but you might be able to gather from the overall narrative what their concern was if there was one.