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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87776
Experience:  Private practice in several areas, including immigration
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I am a german citizen in the US since May 2012 on an R1 VISA

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I am a german citizen in the US since May 2012 on an R1 VISA with my 3 kids on an R2. In June I met somebody working with me at the same church (US CItizen) and we got married a couple days ago. What would be our next steps as I am obviously not anymore R1 qualified?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

One's nest step would be to file for an adjustment of status to get a permanent lawful residence status (i.e. greencard) based on marriage.

This is done by filing a package consisting of primarily two forms - I-130 and I-485. The full step by step instructions and the forms may be found here.

The process itself takes about 6-8 months on average and typically includes a medical exam and an interview. After this, one would be granted a greencard based on marriage to a US Citizen.

While the petition is pending, an EAD (I-765) may also be filed with the package containing I-130/I-485 and all the other documents, and this would allow the individual to work while the applications are pending.

I hope this helps and clarifies. Good luck.

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Customer: replied 1 year ago.

Thank you for the fast answer. Can I file that (I-130 and I-485) for me and all my kids at once (means one fee) or do I have to do that seperately for each one?

Expert:  Ely replied 1 year ago.
Thank you for the fast answer.

You are very welcome.

Can I file that (I-130 and I-485) for me and all my kids at once (means one fee) or do I have to do that seperately for each one?

Each child will need their own I-130/I-485.

It is recommended to have you have an attorney help you with this, as it can help smooth the process and calm the nerves when filing. May I recommend the AILA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Thank you. How much $ would I have to look at for a lawyer?

Expert:  Ely replied 1 year ago.
My pleasure, Thomas.

To search for an attorney is FREE - simply follow this link. An attorney may charge you anywhere from $1,500 to $3,000 or more depending on the complexity, but since this is not that difficult, I do not imagine that this would be expensive.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87776
Experience: Private practice in several areas, including immigration
Ely and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello, just got one more question, do my kids qualify for getting a greencard with me as they are not hers but from my former wife. I have full custody though and the oldest is 17. thanks.
Expert:  Ely replied 1 year ago.
Hello friend,

Yes they do provided you have full custody, which it seems that you do.

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