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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105581
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have ab1b2 visa years and my ex husband is an US

Customer Question

hi i have ab1b2 visa for 10 years and my ex husband is an US citizen thru marriage he is been married for 9 years and now got divorced as he had cultural differences with his wife . we have two children from our marriage and the younger one is an US citizen by birth and now my ex husband wants to reunite with us and sponsor our greencard so he is telling me to come on b1b2 and he will apply it from .is it possible like this as i am very confused since my children wants to do their eduation there so they dont want to wait long
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. It is possible, but dangerous. You are not supposed to use a tourist visa to come to the U.S. if your intent is to stay. If you try and they discover your intent, one of three things can happen: a) They will allow you to withdraw your request to enter the U.S. and you can go home, no penalty.b) They will not allow you to withdraw your request to enter the U.S. and will order you excluded. This has a 5 year penalty that you cannot come back unless you get a very hard to get waiver.c) They will not allow you to withdraw your request to enter the U.S. and they catch you in a lie and they exclude you with a permanent bar due to fraud and/or misrepresentation and with that charge you cannot come back unless you get a very hard to get waiver. If you try and you do make it in, then yes, he can marry you and file an I-130 and I-485 for you and you can get Residency without having to leave the U.S. If you want to not take the chance, then there are three "correct" ways to come to the U.S.: 1) The K-1 fiance visa takes 6 to 9 months, but you must have met before at least once during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After you enter the U.S., then you have to marry and then you have to pay $1070 for the I-485 and you will have to wait about 5 to 7 months and get another interview that you attend with your new spouse so that you can get Residency. 2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after you enter the U.S., you must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later. 3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once you enter the U.S., you enter as a Resident and you do not have to file (or pay for) an I-485 nor do you have to attend an additional interview. You just get your green card in the mail a few weeks later. So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that you can use to enter the U.S. while that process is pending. You will most likely have to wait outside.Here is a link to all three: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance.htmland another link: http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.

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