How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Guillermo J. Senmartin, Esq. Your Own...

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94828
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

Hi, I have a question, I want to marry this girl, but it happens

Resolved Question:

Hi, I have a question, I want to marry this girl, but it happens that she is m stepbrother's daughter, we are deeply in love, and we did not know we were related until later in the relationship. My question is would there be a legal problem, and also in terms of immigratin law would be our marriage legal, for her to obtain her residence, since she entered the US with a tourist visa (6 months) and has recently expired?.Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello again and welcome back. Thank you for requesting me. Fortunately, there is no blood relationship, so there would be no legal problem for you to marry.


After you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), 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, she 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 she 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 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.


We both were previously married, and we are currently divorced, my other question is, that if our previous partners, can question our marriage in the INS?. Secondly woul it be a problem that my ex-wife obtained her green card through marriage with me. ( we were married for 11 years, and I got divorced recently). thank you

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I don't see how either previous partner can question your marriage before USCIS (it isn't INS anymore). If both of you are legally divorced, then that's it. It isn't any of their business. If they (or anyone) have evidence that your new marriage is fraud, then they (or anyone) can make a report to ICE, but you just have to prove that your new marriage is real. And no, it should not be a problem that your ex got her green card through you because you had such a long marriage that it obviously wasn't fraud, but they may look a little bit harder at your current marriage is all. 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: 94828
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
Customer: replied 1 year ago.

Once I get married to this girl, I could send forms I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), all at the same time?, would I need to send affidavit of support with those forms?. Thank you for your prompt answer,

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You need to file everything that I listed. Missing anything will prevent the case from going forward and from a work permit being issued. The only thing you could omit is the I-765 if you do not care about the work permit, but that is included in the price of the I-485.
Customer: replied 1 year ago.

Oh I see I need to send the whole package at once, including I-693, I thought USCIS have to send her to one of their doctors after processing the other forms. Would she need to explain why she overstayed her visa?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You send everything together. Don't overthink. You may be remembering or thinking of information that was pertinent many years ago which is no longer the case now.

As no, she does not have to explain her overstay.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94828
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
Customer: replied 12 months ago.

I did forget to ask you, she has a child, will the child need to send a separate package for adjustment?, please advise me on how to do it. Thank you

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
Yes, as long as you married the mother before the child turned 18, you can get the child Residency as well. However, you will need to file a full package for the child as well. So all the forms that I listed, you will file twice, one set for the mother and one set for the child. You may be able to save a little money on the fee of the I-485 when both mother and child are filing together. Here is a link:


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD



It says:




Filing Fee :
$985. (Add $85 biometric fee for a total of $1070, where applicable. See the form instructions for payment details.) You must make your check payable to Department of Homeland Security.
Special Instructions :

There are exceptions in which the applicant is not required to pay the entire $1070:

  • Applicants 79 years of age or older are not charged a biometric fee; the fee total is $985.
  • There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee.
  • There is no fee if an applicant is filing as a refugee under section 209(a) of the INA.
  • For applicants under 14 years of age:
    • Filing with the I-485 application of at least one parent have a fee total of $635;
    • Not filing with the I-485 application of at least one parent have a fee total of $985.
Customer: replied 12 months ago.


By filling together you mean I should sent both I 485 together, mom and son? or sending the whole package together, thank you

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
You should make two packages paperclipped separately but send them both in the same envelope.
Customer: replied 12 months ago.


When filling I-130 for my spouse's child, part A-1 of the form , I should file it as my child?. On the I-485 for the child, who would sign the forms, he is only 7 years old?, thank you

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
You file it as if it was your own child. Step-child and child are recognized the same under the U.S. immigration law as long as the marriage that created that step-child/step-parent relationship occured before the child turned 18.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94828
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
Customer: replied 11 months ago.

If a claim her child as my own, would I be responsible for child support in the future if my relationship with her does not work and we separate?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
That's a tricky question. This question that you just asked and my answer may end your relationship. As far as family court law, no, you would not be responsible for child-support. But as far as U.S. immigration law, you would at least be responsible for and means-tested public benefits that your spouse or step-child applies for and received such as welfare, food stamps, etc. If they use none, then you do not have to pay anything back. Lately, some crafty attorneys have even been able to get the sponsor to support the immigrant at 125% of the poverty line. The responsibility only ends when one of three things happen:



1) The immigrant works 10 years in the U.S. paying U.S. taxes. If they stop at 9.9 years and never work again, the Joint Sponsor is stuck.



2) The immigrant becomes a U.S. Citizen.



3) The immigrant loses Residency for some reason:

a) Being outside of the U.S. for too long.

b) They obtained it through fraud.

c) They commit a serious enough crime.



Divorce does not terminate the responsibility.


You can take a look at these links if you like:


http://www.divorcesource.com/ds/newyork/u-s-sponsors-of-foreign-nationals-beware--3629.shtml


http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/2cbe6a52e76636f28525763b00661a63!OpenDocument&Highlight=0

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94828
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
Customer: replied 6 months ago.

Hi, I have a few more questions regarding the above issues. Once I married this girl, I should file the adjustment package. Should the I-693 form be attached to the other forms, or it is done at the end?.


Second, I am permanently disable and I receive a monthly pension from opm. Would this affect the petition? I have a second person who can also be an sponsor.


And the third question is, I have a thrift Savings Account that I accumulated while working until last year, now I married this new girl, should she have any right on my benefits,? thanks

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
You file the I-693 with everything.

If you have a Joint Sponsor, then it should not hurt your petition.


And finally, she would normally have rights to 50% of the value of anything that you acquire after you enter into the marriage including 50% of added value on anything that you own. So let's say your savings account has $10,000 in it, then you marry, are together for 10 years, that account increases in value to $20,000, she might have a right to 50% of the increased value of $10,000 which would be $5000.
Customer: replied 6 months ago.

Regarding the I-693, she should have the medical exam, before we submit any paper. Could it be any Dr?. and second, does the dr needs a special letter from immigration with a case number? thank you

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Yes, everything has to be done before submitting the Residency package. The doctor fills out the I-693 and seals it. Nothing else is done. You can look up "USCIS Civil Surgeon" on Google and there will be a list there where you can find a Dr,, near you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94828
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

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney