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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: 105164
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I want to marry a Chinese woman who has an expired visa that

Customer Question

I want to marry a Chinese woman who has an expired visa that expired few months ago, she has no ID, no social security number etc. she does have her white paper divorce papers from china, and I want to know if she can be legally married to me so I can then go to the us etc office to apply for her perm residency and file for the waiver for the unlawful presence. so far, the us offices do seem to like to help me as soon as I say each lawyer says a different answer. It works good.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

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?

Customer: replied 3 years ago.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
Most come in with a B-2 tourist visa. Did she come in just to visit or to work or to study or as part of an exchange program?
Customer: replied 3 years ago.

She came here to work only.

Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

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)".

Customer: replied 3 years ago.

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

Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

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

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 and make sure you type: FOR GUILLERMO on the subject line.Thank you!


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