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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107648
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi, Since 5 years I work as an Embassy chef in DC. I have

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Since 5 years I work as an Embassy chef in DC. I have an A-3 visa. I got married last month with my American wife. We are applying for the green card, but there is hardly information to find for A3 to green card true marriage. I am waiting for the I-566 to come back from state department.

I have a question about the I 765?
What do I have to fill in for question 16? They talk about A1 and A2 non immigrant visas but never about A3.

Can you confirm if I am fine with the forms:

I 130
I 566
I 508
I 485
G 325 A form me and my wife
I 765
I 864
G 1145
I 131 (do I have to file this roght away, or if we decide to travel?)


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.

All the forms are correct. And you should do the I-131 because it is included in the price of the I-485.

For question #16 of the I-765, the I-765 is based upon your new I-485 that will be filed at the same time, not based on your A-3. So the answe is (c)(9).

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 to you. 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 Thank you!

Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi again,


Thanks for the information.

I have another question about the I-131.


We are planning to travel in the next year. We don't know exactly when that will be. How does this form work?

What section I have to fill in if my wife and I want to go to Bali?

I am on a A - 3 visa untill the end of 2013. Can I use this visa to re enter during the green card process?


Thanks for helping me out.



The Advance Parole you can fill it out leaving the parts blank or putting "unknown" for dates of travel and location. Or even "To Be Determined". It's not a big thing. And yes, you can and should use it to enter the U.S. in order to not abandon your green card process.
Customer: replied 3 years ago.



States department tell me now that I do not need the I566. Is that possible. I have an A3 visa and married to American wife.

This is what they told me.

I was advised that you don’t need to submit the I-566s for Mr. xxx He needs to go through the process of changing his status to permanent resident. Once he obtain the “Permanent Resident” card from INS, that’s the time to notify the Office of Protocol by providing the Form DS-2006 and a copy of the greencard.

Can you tell me if this is correct? I have been waiting for 3 weeks now to send the application,. I was waiting for the I566.



Are you sure it was the Department of State that told you that? And that is word for word what they said? And they said INS?
Customer: replied 3 years ago.

that is exactly what they said. I am very confused. Maybe they don't know where they talk about.

Well, they should know that INS has not been called INS for over 10 years, it is USCIS. I recommend that you contact someone else at the Department of State because you may not have gotten someone that knows what they are talking about. You can also just go forward with your petitions and if USCIS requires the I-566, they will ask you to file one. It is up to you.
Customer: replied 3 years ago.
Is it possible that I need to send the i566 without involving state department?
It looks to me like you would need to involve them. So either speak to someone else at DOS or file at USCIS without it and if USCIS needs it, they will let you know.