Ask an Immigration Lawyer. Get an Answer ASAP.
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.
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).
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 http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line.Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).