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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24251
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have met a person who let her visa expire, she lives in Texas

Resolved Question:

I have met a person who let her visa expire, she lives in Texas and her home country is Columbia, I want to get married, I also want her to start the process to become a legal resident. Can we legally get married in Texas or Illinois and she stay with me?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith replied 11 months ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
What visa did she enter on?

Judith
Customer: replied 11 months ago.

I think it is a tourist visa

Expert:  Judith replied 11 months ago.
Ok, she needs a valid unexpired passport as proof of her identity. s
he does not need a valid visa. So she has to apply for a new passport with her Embassy or consulate if hers has expired.
There is no limitation in TX and a social security number is XXXXX an absolute requirement, the law says "if any".
The IL law does not make such an exception so you would have to call the country marriage registrar to ask if they will issue a license if she has no SSN.

After you marry you will file for her adjustment of status to permanent resident.
She may stay here with you whle it is pending.

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 US citizen spouse)

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

I-765 Employment Authorization Application (signed by alien)

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

G-325A Biographic Sheet (one for alien and one for their spouse)

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 Affidavit of Support

Two passport sized photos of spouse

Six passport size photos of alien

Copy of alien’s passport including all blank pages and I-94

Copy of US citizen birth certificate, natz cert or passport

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
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24251
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you

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