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  • marriage outside the US

    Hello.
    My American (US CItizen) husband and I got married outside the US. We have a certified translated copy of our marriage document. We were going to file the I-130 at the Consulate of my country but effective the 23rd of January the embassy told us that they no longer accept the filing of application under any circumstance. Currently my husband is in the US and I am in my country of origin (Costa Rica) and we dont want to be apart for too long. We have been advised that I should enter the US with my tourist visa and apply for change of status. My question and concern is if our marriage that took place abroad will be an issue when applying for legal residency and more or less if Advanced Parole will be delayed because of this marriage?
    We wanted to have a wedding party in my country and now everything is uncertain. We love each other and want to do the things that a normal couple do , make plans, invitations, etc. But we also want to do things the best possible way. I dont know why we feel so worried if we are not a false marriage and we dont do things with fraudulent purposes, but I am not sure that the INS law cares about feelings that much and that is why we worry.
    Any help would be appreciated.
    I have had a tourist visa since I was 9 yrs old ( I am 29), of course renovated with no problem once every 10yrs. I also have had bussiness visa twice renovated along the last two tourist visas with no problem. I have had J1 and F1 before as well. I have never overstayed any visit, actually I have always left before my I-94 permit expires. I dont have a criminal record of any sort.
    I do, however, travel often to the US and the past year I stayed for long periods of time (3 months twice), because of my relationship with my now husband. I want to travel again in March , just came back in December.
    Any advise?

    Regards,
    CZ

  • #2
    The safest approach in your case is for your husband to file an I-130 for you in the US and you can wait in costa rica till you get your immigrant visa
    at the US embassy in costa rica. It will take some months to a year but it is the safest , if you are worried about USCIS suspecting a sham marriage.

    If you want to visit your husband on your existing visitor visa while your I-130
    is in process in US, you may do that but you may have to prove to the entry officer that your B1/B2 visit will be temporary.

    Adjusting status in US is possible but also has its risks.
    When you enter on a B1/B2 , you have to show a temporary purpose of visit and if you apply to adjust status to gc after entering, technically you can be
    in trouble for lying to the entry officer.

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