kikm

Do you think its Fraud when the couple is already married and been living out of the states for several years? Than a job opening comes up for the US citizen so they follow process at the Consulate. While they are waiting for a reply the US citizen has to leave to start the new job and with the surprise that she is pregnant, leaves husband behind. Still waiting for an answer from US Consulate. Than the husband visits and a month before the baby is born there is still no answer from US Consulate so they decided to ask the Immigration Office if they can move the process to the United States. They said yes and so the husband stayed. They still have no answer but now from the Immigration Office here.

Unfortunately, I think they can still be considered under Fraud because he stayed. Note I have paid fees from each country and translations like you would not believe. And what I pay in taxes alone helps fund these processes which I am still getting the run around!

If some one could give me some guidance it would be greatly appreciated.

I am a US Citizen married to a Mexican Citizen. We have been married now for almost 5 years. I was living in Mexico where I met my husband. We got married in the US but went back to Mexico to live. Last year I was offered a position but in the US (same company) so we started his paperwork at the US Embassy. The I-130 was accepted and everything was being processed at the US Consulate in Juarez. We started in February and in May I had to move to the US to start my job. We also got the surprise that I was pregnant. So I moved to the US and my husband stayed in Mexico. Travelling back and forth. It was October and we still had no news from the US Consulate. My husband came to visit (has a Toursit Visa) so we decided to go to the immigration office and ask them if we could move the process here to the states since I started my job and that I was waiting for our first born and I needed his help. They said we could but we had to cancel the process in Mexico which my husband did.

So with that we started the process here and my Husband stayed. He requested a sabatical leave from work so he could help me with the baby and because we started his paperwork here he can't go back until we have an answer. We started in October and we are still waiting because I get additional request of information which I already sent in!!! Every time they request its an additional 90 days for his I-765 (Work permit) and I-131 (Advance Parole).

Now I am wondering if this was the right thing to do. I keep reading that its fraud if they enter on a Tourist Visa and change their status. Should I be getting a lawyer? What chances do we have that they will deny my husband's papers?

10/06/2008 Appointment with Immigration Office to ask if we can start the process here, they said yes

10/09/2008 I-485, I-131, and I-765 sent to Chicago, IL

10/12/2008 Package Delivered Chicago, IL

10/13/2008 Received Date NCSC

10/17/2008 Notice Date

10/21/2008 Received MSC receipt number

10/23/2008 ASC Biometrics Appointment received

11/05/2008 Request for Additional information-submit tax documentation-which I did in the original package but there were documents in Spanish. So this is my fault, no translation.

11/08/2008 Biometrics Appointment-completed

12/26/2008 Sent requested information-Tax returns with translation

01/02/2008 Information received and processing resumed (notice Online)

04/02/2008 Request for Additional information-Birth Certificate/translation. (This was sent in with the original package so now I dont know why)