Immigration Law Questions? Ask an Immigration Lawyer.
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Well, you don't go to the local office to apply. That is all done in the mail and takes a number of months. What was the visa that she used to enter the U.S.? A B-2 or a J-1 or an H-1B, etc.? I need to know the exact type. And I would like to know when her stay expired. The stay expiring is not the same as the visa expiring. She may not need a waiver but I want to make sure.
As far as her divorce, is it a legal divorce in China? Was it obtained by her or her ex while living in China?
it was a legal divorce in china I said she has the white papers. what are all the scenarios for the visa types. I can't get that visa type right now. she put it in a safe deposit box with me. her visa was new 9/12. it was expired march 2013.
She came here to work only.
Then you really need to find out for me because if it was an H visa, no problem, but if it was a J visa, she may have a problem. Have her get her passport and look at the page where her visa stamp is and if it is a J-1, ask her if it says "subject to 212(e)" or "not subject to 212(e)".
she has a b1 b2 visa expired march 2013 issued 9 13
I still have to look at her new visa but her older visa said R b1/b2
the new one has a card from an officer that says b2
Excellent. She does not need a waiver. 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).
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