- I am a U.S Citizen
-I currently live in Tijuana, Mexico with my wife ( I moved here to be able to continue working in the U.S and live with my wife, at the same time, in order to not violate the conditions of her B2 Visitors Visa
- My wife and I were married in San Diego last year
- I have strong ties in the U.S (Employment, Continued enrollment in a University, Cell Phone Contract, Bank Account etc...)
- Adjustment of Status is not an option, as we do not want to violate the conditions of her visa, and wish to continue living in Mexico.
- We both are SENTRI memebers, and the customs officer once told us that if we were to ever apply for Adjustment of Status we would both lose that privilege.
Thanks in advanced!
I am confused. If you are a USC, you married your wife in US, she has a visa which allows her to enter the US, why are you living in Mexico? When you intend to live in the US you file for her. If she entered the US as a B2 and before the visa expired you filed the Immediate Relative petition and the adjustment of status, she wouldn't accrue unlawful presence while the petition is being adjudicated. Alternatively, she can choose to consular process. I don't see the reason to wait. I certainly wouldn't condition apply for a green card based on a membership to SENTRI.
For info on adjustment of status, seehttp://www.mlawonline.com/blog/everything-you-need-to-know-for-new-jersey-adjustment-of-status.cfm. For info on consular process, see http://www.mlawonline.com/faqs/what-is-consular-process-in-new-jersey-immigration-petition.cfm.
You have in effect chosen your own path: your wife will need to immigrate through the US consulate general in Ciudad Juarez. It is going to be a long and difficult process. I urge to schedule a private, confidential consultation with a skilled immigration lawyer as to other options that may be available.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
2 lawyers agree
As you say you are a US citizen thus not a commuter unless under Mexican immigration law. Since you have not filed a petition for her then she can enter and exit with her tourist visa until you do. If you want commuter status for her them she must live and work in two different places therefore since you have chosen to live in Mexico instead of US she can not gain commuter status.