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I am a US Citizen currently married to my Mexican wife. I have been searching online for some guidance, but it has been difficult due to the unique circumstances of our situation.
My wife had illegally crossed the border to the United States about 12 years ago and she had a removal hearing that would place a ten (10) year penalty. It has since expired.
We had originally went the fiancé route and filed in February 2018. We waited for months and hadn't heard back and decided to apply for a B-1/B-2 visa due to the work she does for a US-owned Mexican company in Tijuana, Baja California. During the consulate interview, they denied her the visa without any explanation.
We decided to get married in October 2018. I have submitted my withdrawal letter for the I-129F (K-1 fiancé visa) and we are now filling out forms for I-130 (CR-1) and I-130A (Supplemental Information for Spouse Beneficiary). In addition, another I-130 is being filed for my stepdaughter.
My wife is currently living in Tijuana, Baja California, Mexico with her children and I regularly cross the border from San Diego, CA.
I am reading that I can file the I-130 and I-485 forms concurrently for my wife and my stepdaughter, but the instructions for I-485 state that concurrent filing is not available if consular processing is selected.
A section of I-130 (CR-1) says, "The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:".
She is currently not in the US and without any sort of visa, she cannot legally enter the US.
So, we selected the part after the above, which states, "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:" and we listed Tijuana, Baja California, Mexico as the location of the US Consulate.
So, does this mean that I can only file I-130 and I-485 concurrently if my wife is present in the US?
Also, I have filed G-1145 (e-Notification of Application/Petition Acceptance). She would like to work in the US when she is admitted. Is form I-765 applicable here? Is there anything else, I'm missing here?
Thanks.
My wife had illegally crossed the border to the United States about 12 years ago and she had a removal hearing that would place a ten (10) year penalty. It has since expired.
We had originally went the fiancé route and filed in February 2018. We waited for months and hadn't heard back and decided to apply for a B-1/B-2 visa due to the work she does for a US-owned Mexican company in Tijuana, Baja California. During the consulate interview, they denied her the visa without any explanation.
We decided to get married in October 2018. I have submitted my withdrawal letter for the I-129F (K-1 fiancé visa) and we are now filling out forms for I-130 (CR-1) and I-130A (Supplemental Information for Spouse Beneficiary). In addition, another I-130 is being filed for my stepdaughter.
My wife is currently living in Tijuana, Baja California, Mexico with her children and I regularly cross the border from San Diego, CA.
I am reading that I can file the I-130 and I-485 forms concurrently for my wife and my stepdaughter, but the instructions for I-485 state that concurrent filing is not available if consular processing is selected.
A section of I-130 (CR-1) says, "The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:".
She is currently not in the US and without any sort of visa, she cannot legally enter the US.
So, we selected the part after the above, which states, "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in:" and we listed Tijuana, Baja California, Mexico as the location of the US Consulate.
So, does this mean that I can only file I-130 and I-485 concurrently if my wife is present in the US?
Also, I have filed G-1145 (e-Notification of Application/Petition Acceptance). She would like to work in the US when she is admitted. Is form I-765 applicable here? Is there anything else, I'm missing here?
Thanks.
