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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96406
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I want to marry my daughters father he is a UK citizen, and

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I want to marry my daughter's father he is a UK citizen, and I am a US and UK citizen. He is here on Visa Waiver what is the best way for him to immigrate to US. Due to hardship such as post partum depression, I am not able to go back to UK, all my family support is here in the US. However, I need my daughter's father here to assist with childcare and moral support. Cost effective? More of a chance to get through? Length?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.



How long has he been in the U.S. since he last entered?
Customer: replied 1 year ago.


a week


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. You should wait a little while. Why? Because you do not want him to be slapped with visa fraud. I'll explain. The regulations state this:



If a person does anything to make their status permanent in the U.S. (such as marrying a U.S. Citizen) within 30 days of entering on a non-immigrant visa such as a tourist visa or an ESTA Visa Waiver, they are automatically charged with visa fraud.



If a person does anything to make their status permanent in the U.S. more than 30 days after entering on a non-immigrant visa but less than 60 days, they will be questioned extensively and if ICE or USCIS is not satisfied, then that person will be charged with visa fraud.



If a person does anything to make their status permanent in the U.S. more than 60 days after entering on a non-immigrant visa, no questions are asked because the policy determination is that it is too difficult to prove that the person did not just change their minds.

So he should wait until 60 days or more have passed then he entered the U.S., then you can marry and file the following forms so that he does not have to leave the U.S.:

I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 3 to 5 months after filing, he should get a work permit. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later he should get a Residency status (green card).

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 1 year ago.


What about if we marry, then return to UK how is the process? Wait time? More effective?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I wouldn't do that. The process for him to come back is lengthy. I will explain each including the K-1 process which is for fiance if you do not marry here at this time but want him to go home, then enter later as a fiance and marry in the U.S. at a later time, but please make sure you rate me positively before you log off:

1) The K-1 fiance visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then you have to marry and then you have to pay $1070 for the I-485 and he will have to wait about 5 to 7 months and gets another interview that you attend with him so that he can get Residency.

2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after he enters the U.S., you must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to all three:

http://travel.state.gov/visa/immigrants/types/types_1315.html




Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 1 year ago.

Will he get in trouble if he overstays his visa waiver while USCIS is reviewing application? deportation? banned from US?


 


Thanks I will rate this answer so that you can get paid.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No. You have probably read somewhere that this is a problem. There was a short period of time that those with Visa Waivers were not allowed to Adjust Status in the U.S. That was a few years ago for a short period of time until a few court cases came out that changed that back to what it was which was that Adjustment of Status was allowed for Visa Waiver entrants that married U.S. Citizens. So he is safe now to marry you, file everything and stay in the U.S. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96406
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Attorney At Law
35240 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.