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I am an American citizen who is self-employed for the most part. I can work from anywhere, and for that reason I have spent the last decade or so traveling. My wife is from Colombia, I met her a few years ago, and we got married a couple years ago. We had a son in the USA when my wife was here on a student visa. After her student visa was up, we returned to Colombia for a while, and later on she got a tourist visa. We have come and gone to the USA 4-5x for spans of a month or two. Now we decided that we would prefer our son to go to school in the USA, so we decided to start working on immigration papers. That is where the issue comes in...there is a ton of contradicting information online. We are currently in the USA. Do we file at i-130 only, or do we do it concurrently with an i-485? I read that you should not file a i-130 from inside the USA on a tourist visa, since that means that you entered the USA with other intentions, not with purely tourism in mind. Is that true? Is it better for her to return to Colombia when I file the i-130, and file that only, or would we have no issues filing a i-130 with an i -485 concurrently? Is there any advantage to filing them both at the same time? Is there any disadvantage? Does the immigration quota have anything to do with us?
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if you will do Adjustment you need to submit I130 and I 485 no other option. Also some other forms too (I864, I325a, I131 and I 765). How was she able to ente rthe country 5 times in 2 months? What did she say at the port of entry to the officers? If she lied (i.e. did not mention her marriage when asked) then she would be in trouble. Otherwise if the interviews at the ports were truthful (including the last entry), she can change her mind and adjust status. -
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There was no lying. She just came and went freely. Normally her port of entry was Miami, so the majority of people entering there are there for vacation only. Sometimes I was with her, sometimes I was not. I also usually spend my time in another country. That is where my confusion lies...my understanding is her tourist visa is for 6 months....at a time. She would come and go, come and go. I am concerned if the adjustment is the correct decision, or should she leave the country before filing the i 130? Leaving the country is not a problem as she is here legally, so would us filing a i 130 be bad because they could think that we came here with other intentions? We live in a sanctuary city (100 pct here legally, wife has 3 more month on her 6 month at a time tourist visa)... does that change anything? I.e make filing an adjustment of status smarter then leaving the country because INS officials realize that we are in a sanctuary city?Comment
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if she files AOS, it means she's adjusting her tourist status to permanent residency in the US. She needs to stay in the US. No problem to stay longer than 6 months , as long as the process is going on she's legal. At the end she gets her GC and she's legal too.Comment
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