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What to do if I marry an alien is on an expired visa

 
Business Imm Law's Avatar
  • Answered by:Business Imm Law
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Customer Question

What to do if I marry an alien is on an expired visa

 

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Country relating to Question: United States

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Submitted: 336 days and 19 hours ago.
Category: Immigration Law
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  Business Imm Law replied 336 days and 19 hours ago.


Business Immigration Law :

Hello, welcome to JustAnswer, my name is XXXXXX. XXXXX you for this opportunity to answer your questions.

Business Immigration Law :

Are you a US citizen?

Business Immigration Law :

Judith

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 98.2 %
Accepts: 20450
Answered: 5/8/2012

Experience: 33 yrs attorney on all nonimmigrant & immigrant visas

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Expert:  Business Imm Law replied 336 days and 19 hours ago.

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Customer replied 336 days and 18 hours ago.

I am a US citizen. I meet a Philippines woman by chance and fall in love, but her 6 months visa is going to expired soon.

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Expert:  Business Imm Law replied 336 days and 18 hours ago.

If you marry her you can file a petition for her and she can file for her Green Card and she can remain in the US while waiting for the decision.

Congrats on finding love.

 

Here is what you will need: Find instructions for each here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

I-130 Immigrant Petition (signed by you)

 

I-485 Application for Adjustment of Status (signed by her)

I-765 Employment Authorization Application (signed by her)

 

I-131 Application for Travel Document (signed by her- this document permits her to travel during the pendency of her "green card" case)

 

G-325A Biographic Sheet (one for you and one for your wife)

 

G-1145

 

A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

 

I-864 Your Affidavit of Support

 

Two passport sized photos of you

 

Six passport size photos of her

 

Copy of her passport including all blank pages and I-94

Copy of your birth certificate

Copy of spouse's birth certificate

Copy of any divorce decrees

Copy of Marriage certificate

 

One check for the I-130 in the amount of $420

One check for the I-485/765/131 in the amount of $1,070

 

The packet get filed at the PO box on Page 6 of the instructions

http://www.uscis.gov/files/form/i-485instr.pdf

 

 

You can read about the process at this site http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

Judith

 

If I answered your question please leave positive feedback, if I earned a BONUS, it is appreciated.

Please feel free to ask me another question with a new thread - if you're a subscriber, you can do so at no additional cost beyond your monthly payment. You can bookmark my profile page here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

Customer replied 335 days and 15 hours ago.

Hi Judith,

I actually have another question..I am still waiting to get my divorce done..and probably have to marry her after her passport and visa has expired. Is thos going to be difficult. She has a multiple entries visa from US, but her Phillipine passport will expired in this coming December.

Thank!

john

Accepted Answer

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Expert:  Business Imm Law replied 335 days and 14 hours ago.

This is a new issue and you should start a new thread regarding this question since it is not related to the original question. Your divorce matter and her expired status will require a new conprehensive answer.

You can start the new question with "FOR JUDITH" if you want mne to answer it.

Judith

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 98.2 %
Accepts: 20450
Answered: 5/10/2012

Experience: 33 yrs attorney on all nonimmigrant & immigrant visas

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