Just a warning. (US immigration)

[Lostviolinist]

The process is longer than you'd expect it to be right now and it seems there is very little mercy if you do anything incorrectly. From my own experience, it hasn't mattered that my wife and I have been married for over 2 years. It didn't matter that we had a US citizen child. Nor did it matter that I am a member of the armed forces. I didn't do enough research and brought her here on a tourist visa thinking it was fine if we applied to adjust status here as I had known others who applied that way and were approved, including my own family and another sailor. The day we were stopped at the airport was one of the worst in my life. I had just come back from a deployment where every day I thought about our plans to be together. Only for it to all be immediately crushed. They split us up and questioned us separately. I know they were pressuring her to say what they wanted while she was distressed with our son and though they had her take an oath to tell the truth they lied to her face. I was lucky they didn't turn her around there immediately as they were threatening and at least gave us 30 days to prepare after extensive questioning and a detailed search.

Either way, she and my son are gone again. I submitted the I-130 application months ago and came to learn that the green card petition for a spouse at this time is taking greater than 1 year to process. I've heard up to 2 years from one law firm. The application itself isn't difficult but the wait times are insane. It is one of the most frustrating things to submit an application and watch months go by without any way of knowing what is going to happen. Now with this coronavirus panic I've been forbidden from traveling to China so even my travel plans for the spring have been torn apart by circumstance and I have no idea how long they intend to maintain the travel restriction. Even if my chain of command says they are trying to find help, at this point I believe there is nothing that can be done but wait now. I've considered pleading to an admiral but I'm sure even they cannot influence this process.

Anyway, talk to a good immigration lawyer before you make any plans. And don't expect things to go smoothly just because you're married, even with children. There is no sympathy from them. If you intend to adjust status after entering the US on a non immigrant visa. Be especially careful. You're walking a fine line. It might be better to just sit back and wait for them to process your consular petition despite how frustrating it might be.

[Atlantic Crossroads]

I'm so sorry to hear this. I can't begin to imagine how all three of you must feel.
It may be worth looking into a us visa forum for advice and support with the process and the waiting. I have joined one for us in advance of closing the distance in 2021. It's already proved to be very insightful as most have already been through the process.
Sending nothing but positive vibes your way, and I hope things take a turn for the better soon.

[uniquefem]

wow... i just read your post here. So sorry to hear what you go through.

About the CBP, they sometimes did that "random" 2nd check, and yes, its just traumatizing. I can say i am an avid traveler, i got 3 passports full of stamps and visas from other countries. I went in with tourist visa to visit my bf, and i got detained for 4 hours, back and forth they wanted me to admit that i was abusing my visa for working, which is not true. It was the most horrible traumatic way because they got really aggressive and condescending towards me. It was 31 hours journey and i was 12hrs jet lag. I speak fluent English but still after that long trip you just fatigue.

Its took me few seconds to translate what they asked inside my head because English not my first language and they twisted the questions back and forth between the officers so easy to say something wrong or they try to pretend misinterpret what you say. There's no such "no guilty until proven wrong" kind of treatment, you will definitely feel like you are WRONG. They yell at you, they threatening. It was bad. I finally so tired of it, and i asked---am i detained? its been 4 hours, i am very tired with the very same questions. Finally they release me and gave me time not much longer than my return ticket. I stayed for nearly 4 months.

Admitting that you will adjust status while entering with tourist visa is actually not that great idea. That's actually planning to abusing visa. Most of the people who can do the adjustment i think came either with b1/b2 visa or ESTA simply to visit not really actually planning from beginning to adjust while in usa (yes, i know some did anyway but they wont admit it). I think for you right now the best is to get CR1 visa. I think because you are in military and you are with a child, your case would be easier to expedite.

I hope now your issue resolve.