B2 Visa Married applying for Adjustment

[srbarkley]

Hi just getting started with the process looking for any and all kind of info,advice or experiances My new wife has been in the states from Mexico almost 1 year on a now expired b2 visa we have lived together the whole time and just got married last week now I would like to adjust her status to PR then USC looking for any advice,or simular stories out there

[xyzzy]

You don't provide nearly enough information. What's your status? Are you a USC? What are the circumstances of her entry, overstay, and your marriage?

Normally with a marriage to a US citizen this would be no problem, but she's gone about this all wrong. Overstays and other status violations and lapses are forgiven when a USC spouse who entered legally adjusts. But that's presuming that she does successfully adjust her status. If her entry under a B2 or her marriage to you is found to be fraudulent then she can be removed and permanently excluded. Presuming she had a 6-month B2 which expired less than six months ago, she will soon hit six months of illegal presence which results in a 3-year bar to entry, increasing to a 10 year bar after a one year overstay. Again these are forgiven after a successful GC application based on marriage to a USC, but she needs to be aware of these consequences if she is not successful. Her entry, status, and marriage WILL be scrutinized in her application and she should plan accordingly. If the timing was explainable and she entered without immigration intent and you have a genuine marriage and can show this, then you should be OK, but proceed with caution. If there is a finding of fraud, this can result in permanent exclusion.

If you are not a US citizen, forget it--she needs to run for the border if she wants to avoid being barred from reentry or look forward to continuing to live in the shadows, unless you do get citizenship.

In any event, since she is out of status marrying after overstaying on a B2 an attorney would be a good investment.

[srbarkley]

Thanks for the information and it is well taken to your questions I am a USC born here recently divorced after 20yrs we met via the internet over 1 ago and this is legitimate...We have visited several times before she came to visit me... We only planned on her staying 2 weeks to see if she would like it as she had never been to Texas there was no intent for her to immagrate at that time but things changed over the 2 weeks and we did not want to seperate our original intentions were for her to come back after my divorce was final with a fiancee visa but that of course never happend she has been here 10 month and we just got married last week as it took almost 2 years for me to divorce after seperation....She has a son that is also with us who is a minor who I would eventually like to adopt when this is over we are also trying to have a children and hope for some news soon.....Hope this gives everyone a little back ground on our case any information will be helpful

[srbarkley]

Looking for any info that will help this go smoothly

Please look over my threads if you have any questions feel free to ask if you have a simular case please share with me I am looking for all and any advice to help us get through this and keep sane.........

[xyzzy]

srbarkley, it sounds as if you have a good foundation for the important issue of proving a bona fide marriage, but there are potentially serious concerns regarding the timing of your relationship and the validity of her entry under a tourist visa which may or may not cause problems for her application, along with her lapsed status.

Nobody can look into an internet crystal ball and tell you what to do and what will happen. If you want to help the process go smoothly, you need to call your local bar association's lawyer referral hotline and get some phone numbers for immigration attorneys, yesterday. Only a lawyer can help and advise you, otherwise you are on your own. Only a lawyer can examine all the facts, tell you your options and the risks associated with them, and help you decide what course of action to take, such as gathering particular evidence to support an application, or going back to Mexico and doing consular processing, or some other action.