Adjustment of Status to Green Card while on 2nd Trip on same B2
Thank you so much for your helping with my urgent immigration question!
In the interest of clarity, I’d like to offer a quick summary regarding the crux of my concern:
My wife of two+ years, an Indonesian citizen, arrived on a B2 visa into the U.S. together with me, a U.S. citizen, last April (2011) with the intention of staying for a period of 6-ish months and then returning together to Indonesia to work and live. In the meantime, we have decided to stay on here in the U.S. instead of returning to her country or to a third country.
Our point of departure on our way to the U.S. was South Korea, where we had been living for almost two years and where I had just finished my second contract as an English Conversation Teacher.
We entered the U.S. as a legally married couple and we informed the Immigration Officer at SFO of that fact. Additionally, I informed the Immigration Officer that we had not yet purchased a return ticket for my wife because our intended stay was for a then-undetermined period (adding that there was even a possibility that we would extend her I-94 during our stay.) The Immigration Officer assured us that would be no trouble and that not having a return ticket that far in advance without a solid departure date was not a problem (I assume this was because she is married to a US citizen).
I have been advised by a local immigration attorney that we may have a very difficult time proving that we weren’t attempting to “jump the line” or “jump the process” for her Adjustment of Status by arriving on a B2 visa and then going through the Green Card process directly here in the U.S. Also, we do not have any correspondence / documentation regarding housing or job searches with anyone in her country to support our claim that we were looking to return there. [Moving back to Indonesia would have seen us living at her family’s house and only then looking for work.]
We have a clearly valid and highly documented marriage of two+ years and all of our other bona fides are in order.
The question at hand is thus, will our lack of documented proof of our initial intention be an insurmountable hurdle in my wife’s Green Card interview?
My understanding of the U.S. immigration laws is such that there is no “line” for the spouses of U.S. citizens; there is always a visa available for them and so they are free to adjust their status at any time. Is that correct and applicable to our situation?
I'm nearly at my wit's end here imagining that she (or we) might have to go back to Indonesia for an extended period (8 - 10 months), when we very much would prefer to be here.
Thank you again for any and all guidance you might be able to provide!