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What to do if I marry an alien is on an expired visa
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Judith
Experience: 33 yrs attorney on all nonimmigrant & immigrant visas
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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.
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
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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
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.