Traveling with my wife to the US, submitting immigration docs while in the US.

U

unfortunately

Registered Users (C)
Hey there,

I'm a US citizen, and I recently married a Mexican citizen, here in Mexico. I was just offered a job in the US and I need to be there in two weeks. My wife has a valid US tourist visa. My question is, is she legally allowed to enter the country with the intention of getting her green card? What should we tell TSA when she enters the country? Do we need any other special permission? Does she need to have a round trip ticket?

Help!
 
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unfortunately said:
Hey there,

I'm a US citizen, and I married a Mexican citizen in March, here in Mexico City. I was just offered a job in San Francisco and I need to be there in two weeks. My wife has a valid US tourist visa. My question is, is she legally allowed to enter the country with the intention of getting her green card? What should we tell TSA when she enters the country? Do we need any other special permission? Does she need to have a round trip ticket?

Help!
Click to expand...

That is not legal. You need to file for her to get an Immigrant Visa. It will take longer than you would like and it will mean a temporary separation while she processes in Mexico.

IF she enters as a tourist and hides her intent, she will be committing fraud, be denied and have to qualify for a waiver for the fraud. Don't try it.

Direct Consular Filing of an I-130 is still allowed (but is ending soon). Otherwise, you have to wait until you move to the U.S. and file an I-130 through the Chicago Lockbox with USCIS.
 
Interesting. This article seems to contradict your statement. nolo . com/legal-encyclopedia/how-file-green-card-application-29583 . html My wife has a tourist visa. Would she not then be able to legally enter the country and then apply to change her status? Applying for immigration status in Mexico requires going to Ciudad Juarez. If you aren't aware, tens of thousands of people have been murdered in Ciudad Juarez in the last few years, and I am looking for any way possible to avoid having to include a trip to Juarez in our plans.
 
The challenge is entering the country. She is likely to be turned away on entrance. If she is not, then the examiner at the GC interview will be very interested in what she said at the border to be admitted.
 
So, suppose I file the I-130 while I am in the US and she is in Mexico, with the intention of doing our interview in Juarez. Would my wife not be able to come to the US with me on her tourist visa, while we are waiting for the immigration processes?
 
Why Ciudad Juarez? I thought y'all are in Mexico City.

And, what's this about Direct Consular Filing of the I130 ending?
 
The Mexico City office apparently no longer processes IR-1 visas. From their website:

"The Department of State has only authorized the U.S. Embassy in Mexico City to process visas in the F4 and adoption categories. All other immigrant visa categories will continue to be processed at our state-of-the-art facility in Ciudad Juarez."

I'd LOVE to not have to go to Juarez, but it doesn't look like we have any other choice.
 
unfortunately said:
So, suppose I file the I-130 while I am in the US and she is in Mexico, with the intention of doing our interview in Juarez. Would my wife not be able to come to the US with me on her tourist visa, while we are waiting for the immigration processes?
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Yes, but if that is your plan you should file the I-130 only after she enters the US, because filing it before increases the risk of her being refused entry with the tourist visa. And she should enter the US separately from you, so it's not so obvious that she's married to you.
 
Thanks! That's what I was hoping to hear. We're really not wanting to be separated for however many months this will take.
 
Anybody else have opinions regarding Jackolantern's strategy? I like it, but we don't want to end up getting separated for even more time than it would have taken otherwise!
 
You have already made clear your intentions on a public forum. In my opinion, you have no option but to do down the CR1/IR1 route.

unfortunately said:
Anybody else have opinions regarding Jackolantern's strategy? I like it, but we don't want to end up getting separated for even more time than it would have taken otherwise!
Click to expand...
 
I agree, but the question is how do we go about it. I'm not a resident in Mexico, so I don't think DCF is an option, but if we file at the US consulate in Juarez while we are both in the US, and she attends the interview in Juarez as suggested by Jackolantern, are we looking for trouble?
 
Right. I know that. Everyone seems to be avoiding the question that I really want an answer to. What I'm looking for is a way to avoid long-term physical separation.
 
If you are not getting the answer, then you should realise that once you made your true intentions clear, perhaps there is no answer. Or at least the answer you want to hear. Yes, you and her can enter separately. Yes you can apply for her I-130 after she is inside the US. Yes, if questioned, at the AOS interview you can say you both changed your minds after you both were in the US. Upon her last entry application she was only looking to stay temporarily. However then we are back to the fact that we all on this forum know your true intentions, and thus none of the regular posters wants to suggest the above mentioned tactic.

At the end of the day, you and only you need to make this decision and the possible risks associated with it. That is why officially I am suggesting an option that does not have any risk asscoiated with misrepresentation nor does it have a chance of being accused of any fraud.

One more thing, I am a married man and I know for a fact that harmones can be controlled :)

unfortunately said:
Everyone seems to be avoiding the question that I really want an answer to. What I'm looking for is a way to avoid long-term physical separation.
Click to expand...
 
TC,

Thank you. Of course I'm looking for a certain answer, and I know that you all know our true intentions. Luckily for me, you all are not the USCIS, and I have tried not to include any personally identifying information. What I'm most curious about are the risks associated, and the likelihood of success. Would having a lawyer increase our chances of success?
 
unfortunately said:
Right. I know that. Everyone seems to be avoiding the question that I really want an answer to. What I'm looking for is a way to avoid long-term physical separation.
Click to expand...

To accomplish what you desire would require committing fraud OR staying put.

So, to answer your question:
1.) turn down the U.S. job and stay in Mexico. OR
2.) go ahead and commit fraud and when she gets caught and is unable to qualify for a waiver and gets deported, you can can move back to Mexico, to live with her. Then you can be together for the rest of your lives.
 
If a strict AOS adjudicator accuses your wife of having the intent to AOS when she entered the US and accuses her of fraud/misrepresentation, then the burden of proof will fall on her to prove that is not the case. Would a good lawyer be beneficial, who knows? What are the chances of this happening, minimal but not zero. Million dollar question is, do you want to take this risk when then is an avenue that carries no risk but comes with the price of a little separation. Bottom line, you weigh the pros and cons and made the decision. Choose wisely :)

unfortunately said:
Of course I'm looking for a certain answer, and I know that you all know our true intentions. Luckily for me, you all are not the USCIS, and I have tried not to include any personally identifying information. What I'm most curious about are the risks associated, and the likelihood of success. Would having a lawyer increase our chances of success?
Click to expand...
 
Thanks to everyone for your comments and input. You've all been very helpful. What I find intriguing about this situation is that it seems to not affect in any way the people who are falsifying marriages strictly for migration purposes, yet makes life terribly inconvenient for those who are actually married and wanting to legally migrate to the US.

Anyhow, I'd love to hear further thoughts and advice if anybody else has something to offer.

Thanks again!
 
unfortunately said:
I agree, but the question is how do we go about it. I'm not a resident in Mexico, so I don't think DCF is an option, but if we file at the US consulate in Juarez while we are both in the US, and she attends the interview in Juarez as suggested by Jackolantern, are we looking for trouble?
Click to expand...

If she enters the US with a tourist visa, and stays in the US for a few months while waiting for the consular interview in Mexico, then leaves the US without overstaying her tourist visa, USCIS and the consulate will have no problem with that. But if you're not using DCF, you would file the I-130 with an office in the US, and then they would later forward it to the consulate in Juarez.

I think some of the above posters are missing the point of your question. You were asking about her visiting the US before attending the consular interview in Mexico, which is very different from the potentially problematic situation of adjustment of status after entering with immigrant intent.
 
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