Marriage and then Green Card

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pachanga

Registered Users (C)
I just got married and went to the county office today. I requested a marriage certificate but was told that it would be mailed to my house within 6 weeks. Does this mean that I cannot file my wife's green card applications (I-130, I-485, etc.) until I receive a marriage certificate? She entered into the country with her B-2 visa in May. I am trying to get her a permanent status as soon as possible.

Is it possible to file all of I-130 (Petition for Alien Relative), I-131 (Application for Travel Document), I-485 (Application to Register Permanent Residence or Adjust Status), and I-765 (Application for Employment Authorization) at the same time?

Thank you
 
Yes, you cannot file without a Certified copy of the Marriage certificate or license, that is the evidence of your marriage to the beneficiary.
 
My wife lives in Tijuana, Mexico and holds a B-2 visitor visa with a valid I-94 multiple entry. She has never intended to reside the United States with her current status. She visits me but always goes back to Mexico.
 
Then why not opt for consular processing? Why go down the AOS route?

pachanga said:
My wife lives in Tijuana, Mexico and holds a B-2 visitor visa with a valid I-94 multiple entry. She has never intended to reside the United States with her current status. She visits me but always goes back to Mexico.
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If a visitor applies for AOS very soon after entering the country, he/she may be accused of fraud/misrepresentation. There is no hard and fast rule, but general consensus is not to apply for AOS for the first 90 days after last entering on B-2 status.

pachanga said:
Why should I delay filing for 2 months? Is there any significant reason in terms of the immigration matter?
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pachanga said:
My wife lives in Tijuana, Mexico and holds a B-2 visitor visa with a valid I-94 multiple entry. She has never intended to reside the United States with her current status.
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But she intended to reside in the US after adjusting her status, which is a no-no when entering with the B-2. If they knew of her AOS plan at the border they would have refused her entry.
 
Triple Citizen and Jackolantern,

Thank you for your comments. Now I have the following questions. I will much appreciate your comments.

1. I-94 and Last Entry
The last entry on I-94 is Los Angeles International Airport when we came back from Mexico City in May. However, the last physical entry to the United States (San Ysidro, CA Border) is July 5, 2010. The entry from Tijuana to San Ysidro, CA does not require any stamp on her passport. I am sure that USCIS has recorded both entries into their database. Which date does USCIS uses for this purpose?

2. I-130 and I-485
According to your comments, USCIS may reject her application for permanent residency with her current status of B-2 visa. So what is the reasonable option for her to acquire her permanent residency? We married on July 16, 2010 in Los Angeles, CA and are planning to live in Las Vegas, NV. Does she need to pursue the consular processing?

3. Consular Processing
If she chooses this option, can she still enter the United States with her current visa B-2 while processing her application? How long does it take for her to enter the United States lawfully and without impacting her permanent residency application? Is the process time for the consular processing significantly different from AOS (which takes approximately 4 to 5 months)?

Thank you in advance
 
A1: Use the last day she entered the US. July 5th in your case. Also use that date to count your 90 days if you want to go ahead with AOS.

A2: As I said before, both options are open to her but I would encourage her to go the CP route. She got married 11 days after her last entry into the US. Unless you love to gamble, do not risk a strict AOS adjudicator. It may get ugly!!!

A3: She can continue to use her B-2 visa while undergoing CP process. Just be prepared for being refused entry as the worst case scenario. Consular processing should not take more than 12 months in the slowest of consulates.

pachanga said:
1. I-94 and Last Entry
The last entry on I-94 is Los Angeles International Airport when we came back from Mexico City in May. However, the last physical entry to the United States (San Ysidro, CA Border) is July 5, 2010.

2. I-130 and I-485
So what is the reasonable option for her to acquire her permanent residency? We married on July 16, 2010 in Los Angeles, CA and are planning to live in Las Vegas, NV. Does she need to pursue the consular processing?

3. Consular Processing
If she chooses this option, can she still enter the United States with her current visa B-2 while processing her application? How long does it take for her to enter the United States lawfully and without impacting her permanent residency application? Is the process time for the consular processing significantly different from AOS (which takes approximately 4 to 5 months)?
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pachanga said:
Triple Citizen and Jackolantern,

Thank you for your comments. Now I have the following questions. I will much appreciate your comments.

1. I-94 and Last Entry
The last entry on I-94 is Los Angeles International Airport when we came back from Mexico City in May. However, the last physical entry to the United States (San Ysidro, CA Border) is July 5, 2010.
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The last entry is the last entry, which is July 5. Why didn't she give up the I-94 when she left between May and July 5?

2. I-130 and I-485
According to your comments, USCIS may reject her application for permanent residency with her current status of B-2 visa. So what is the reasonable option for her to acquire her permanent residency? We married on July 16, 2010 in Los Angeles, CA and are planning to live in Las Vegas, NV. Does she need to pursue the consular processing?
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Consular processing would avoid the immigrant intent issue. However, if she waits 60-90 days to file AOS so it won't be too blatant, they probably won't hassle her in the interview about it. After entering the US, they will generally be lenient about the immigrant intent issue for immediate relatives of US citizens, but before entry they are difficult about it if they know or even suspect the plan to do AOS.

3. Consular Processing
If she chooses this option, can she still enter the United States with her current visa B-2 while processing her application?
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Maybe, maybe not. But if you file the I-130 with the CP option while she is in the US, she could stay in the US until it is time for the consular appointment (as long as she doesn't overstay). Note that if she files for AOS, she will be stuck inside the US for 1-3 months until she gets Advance Parole, so whether she chooses CP or AOS there will be travel restrictions.
 
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I would be a tad more skeptical because of the marriage taking place 11 days after her last entry. If that too had occured after 90 days of her last entry, I would have been okay with pursuing AOS. Mind you, this in my opinion and may count for nothing here :)

Jackolantern said:
Consular processing would avoid the immigrant intent issue. However, if she waits 60-90 days to file AOS so it won't be too blatant, they probably won't hassle her in the interview about it.
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So if we wait for 60 to 90 days, should we able to pursue AOS? But the fact is we married 11 days after her last entry from Tijuana by car (BTW, land travel from Mexico to US neither issue any new I-94 nor stamps on passport). If this will not be an issue, we would wait for another 2 months to apply for I-130 and I-485.

Thank you
 
That part no one can confirm 100%. Most likely, it will not be an issue but who knows how the adjudicator takes it. Put it this way, if I was the adjudicator, that would be the first thing I would pounce on :)

pachanga said:
But the fact is we married 11 days after her last entry from Tijuana by car. If this will not be an issue, we would wait for another 2 months to apply for I-130 and I-485.
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pachanga said:
So if we wait for 60 to 90 days, should we able to pursue AOS? But the fact is we married 11 days after her last entry from Tijuana by car (BTW, land travel from Mexico to US neither issue any new I-94 nor stamps on passport).
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They also don't take away an existing I-94 when leaving the US through that border point? Or is it that she simply didn't offer up the I-94 when she left the US the last time?
 
Jackolantern,

They just neither issue nor remove I-94 when one leaves or enters the border via car. Actually, the most of Mexicans in Baja California (the border state) must apply for an I-94 in the office in Tijuana if they want to travel farther than 15 or 20 miles from the border. The I-94 issued in Tijuana is valid for 6 months. She had to get it last December to visit me but has a new I-94 at the port of entry in Los Angeles in May when we came back from Mexico City via air...

Thank you
 
OK, I remember they have some rule whereby somebody visiting the US and going to Mexico or Canada for a short visit by land would keep the same I-94 going to Mex or Can and would return to the US holding the same old I-94. So if you specify that I-94 on the paperwork while also listing July 5 as the last entry date, they shouldn't have a problem with the fact that the I-94 was issued in May, because they should understand that aspect of the entry/exit process on the border regarding going in and out while keeping the I-94.
 
Jackolantern,

Thank you for your confirmation. So we should be able to apply for her permanent residency application in August (This is the 8th week from May 30, 2010). The latest I-94 on her passport was issued on May 30, 2010 when we flew back from Mexico City to Los Angeles International Airport.

But I am still concerned about the intention of the entry to the United States. Do you think that we have a good chance of being asked the purpose of the entry on May 30, 2010 or being accused somehow?

Thank you
 
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