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Re- entered US with valid BCC B1/B2 visa AFTER having gotten married to US Citizen. I-94 expired, about to file for adjustment.

Los Angeles, CA |

I met my husband while he was doing business in Mexico. I came to visit him using a BBC B1/B2 visa (10 years) several times after we met, one of those times, we decided to get married and did so. Soon after, I went back to Mexico to visit my family and came back into the US using my B1/B2 visa as usual - I was NOT aware that doing so may constitute fraud!!? I simply followed the same procedure to enter the country as I had been doing since I can remember! No intention to "fool" the INS.. simply didn't know better! Our intention was to adjust status once I came back from my trip. Now we are prepping to file I-485 & I-130 but we are being told that INS could deny our case or complicate it due to my re-entry into the US with a B1/B2 visa AFTER I was already married! Help!

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Attorney answers 3


Not a good idea. Consulate process for CR1

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Alexander Joseph Segal

Alexander Joseph Segal


since u r hear already just proceed with AOS. explain at the interview



Since the time I re-entered to now that we're ready ($$) to file for AOS, I have overstayed my I-94 by 1.5 years, going the consulate route would mean I go back to Mexico and my 10 year bar would kick in.. right? That is NOT something we are willing to do, for obvious reasons! Do you think my explanation of how things happened could be admissible to the immigration officer? They've told me that ignorance of the law is no excuse but...


As an immediate relative you will be fine to file to adjust from inside the country. You do however have special circumstantances and I strongly suggest you work with an experienced immigration attorney who knows the law regarding dual intent and its application to immediate relatives.


As you can see ... there is no one, simple, answer to your question.

Technically you 'should' be able to adjust. But, you are correct in being concerned about the most-recent entry having been an unintentional 'misrepresentation' as to your 'intent/purpose' for that particular trip.

Con't file papers w/o the assistance of an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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