Immigrating to the US with Argentine spouse?

[Brian_is_here]

And it might be 61. So you better talk to a law critter to be sure.

 

[florence]

Agree with Brian. Our experience in 2014-15 was that we entered in October. We got married end of Dec. and in Jan applied for green card. No problems. We also received legal advice to leave some time between entering before (marrying and) seeking green card. You need to have enough time after you enter to look like you changed your mind. In our case, we really did not enter planning to marry, and we really did change our minds, but it wasn't an issue. It may have helped that he had entered and left several times before.

 

[Jaredberryman]

I've read in several different places that if this goes wrong it could mean permanent denial of any future visas. They can reject the application if they suspect that you entered the country on a tourist visa with intent to stay and apply for residency. It's considered immigration fraud. I would love to do it this way, it would certainly be the best way for many reasons, but the risk that my wife might be permanently refused entry to the country is not one I want to take.

The point of the change of status is for people that leave Argentina, and then realize they have to stay. In this case, two married people with a child is pretty much a slam dunk case as long as they have all their paperwork; the odds of getting rejected are slim to none. If they are in a hurry, such as needing to leave for a job offer or something, then it might make sense to go there, wait a few months, and then do a change of status. Which is why I mentioned both. If you are not in a hurry, you can do it here.

 

[jbeas176]

as you can see there are alot of ways of going through the process. you mentioned you had the paperwork filled out. your way ahead of the game. pay attention to the financial requirements. apply in thd country you most comfortable for the long run. again best of luck

 

[Fooze]

As of a few moments ago, the petition along with all supporting documents has been filed online.

Thank you all for your input, advice, and links. It's very much appreciated.

 

[ben]

As several commenters have written here, the process absolutely CAN be done from within the US, and this is done all the time - but then it is even more important to do it through a competent lawyer.

 

[carride]

There is a related live Q/A happening at the moment on HN. Immigration attorney in US taking posted questions. Typically tech workers though the attorney is answering related immigration questions. https://news.ycombinator.com/item?id=40014087

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[jbeas176]

i finally got a green card. was married in the US. applied in the US. the visa status does not change until immigration changes it. you can go and come on a good visa. i do not recommend overstayiing the visa until the status is changed or it expires. you apply for a pardon, usually 30 days, when the visa expires. been there and made all the mistakes. i can imagine applying outside the US. you need to deal with it internally when problems occur. and they do. good luck, its a long process. i think my break came after meeting with immigration for a pardon. the agent said this is wrong and i will help you. 3 weeks after returning the ball started rolling