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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96353
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi there, My father-in-law trying to get married with

Resolved Question:

Hi there,
My father-in-law trying to get married with his chinese girl friend in US. ( She has tourist visa, she will have to going back to China after this.she has job in china )What document they both need to register the marriage in US.
Submitted: 1 year ago via USmarriagelaws.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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.




Where will they be getting married? Is it just that they want to register the marriage or he wants to file for her to get Residency? If he wants to file for her, why doesn't she stay and do it here? Does she have to go back to China? Does she realize that she will most likely not be able to even visit the U.S. for 9 months or so while her paperwork is processing to come back?
Customer: replied 1 year ago.
They will get married in MA.US. If he file his girl friend's residency in US. how long dose she has to stay in us? Because she has job in China. If they just want to register marriage in us and file her residency later , what document they need ?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
She will be stuck in China probably for at least 6 months but most likely 9 months, maybe more. If they marry and file all the paperwork in the U.S. she should be able to travel a few months after filing.

After they 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), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of them), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). They 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 they would file would be birth certificates, marriage certificate, divorce certificates if either of then have been married previously, proof of his U.S. Citizenship, proof of her legal entry into the U.S., and financial documents of his to prove his income over the last year at least.

In about 3 to 5 months after filing, she should get a work permit and Advance Parole (that will allow her to travel). About 5 to 7 months after filing they should get a marriage interview. If all goes well, a few weeks later she should get a Residency status (green card).

She should not travel until she has the Advance Parole approved and in hand which as I said can take 3 to 5 months. If she wants to try to expedite it, here is a link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

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Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96353
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
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10+ years of experience in various aspects of U.S. Immigration Law.