Traveling with my wife to the US, submitting immigration docs while in the US.
Hey there,
Im a US citizen, and I recently married a Mexican citizen, here in Mexico. I was just offered a job in the US and I need to be there in two weeks. My wife has a valid US tourist visa. My question is, is she legally allowed to enter the country with the intention of getting her green card? What should we tell TSA when she enters the country? Do we need any other special permission? Does she need to have a round trip ticket?
Help!
Hey there,
Im a US citizen, and I married a Mexican citizen in March, here in Mexico City. I was just offered a job in San Francisco and I need to be there in two weeks. My wife has a valid US tourist visa. My question is, is she legally allowed to enter the country with the intention of getting her green card? What should we tell TSA when she enters the country? Do we need any other special permission? Does she need to have a round trip ticket?
Help!
That is not legal. You need to file for her to get an Immigrant Visa. It will take longer than you would like and it will mean a temporary separation while she processes in Mexico.
IF she enters as a tourist and hides her intent, she will be committing fraud, be denied and have to qualify for a waiver for the fraud. Dont try it.
Direct Consular Filing of an I-130 is still allowed (but is ending soon). Otherwise, you have to wait until you move to the U.S. and file an I-130 through the Chicago Lockbox with USCIS.
Interesting. This article seems to contradict your statement. nolo . com/legal-encyclopedia/how-file-green-card-application-29583 . html My wife has a tourist visa. Would she not then be able to legally enter the country and then apply to change her status? Applying for immigration status in Mexico requires going to Ciudad Juarez. If you arent aware, tens of thousands of people have been murdered in Ciudad Juarez in the last few years, and I am looking for any way possible to avoid having to include a trip to Juarez in our plans.
The challenge is entering the country. She is likely to be turned away on entrance. If she is not, then the examiner at the GC interview will be very interested in what she said at the border to be admitted.