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!
Not a good idea. Consulate process for CR1
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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.
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