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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105700
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Naturalized American looking to marry citizen of Peru (no

Customer Question

Naturalized American looking to marry citizen of Peru (no criminal history or any red flags to speak of after going through forms like I-485 etc) - her visa expired in December - looking for advice on if we should marry before she returns back to Peru in Dec.
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.

What was the visa that she used to enter the U.S.? When does her stay expire? The visa expiring doesn't really matter, it is the stay that may matter.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

I will assume that she entered on a B-2 tourist visa. If that is not the case, then let me know. If it is the case, then it doesn't matter whether the stay has expired or not. 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), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), 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 http://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 and Advance Parole. About 5 to 7 months after filing you should get a marriage interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later she should get a Residency status (green card).

I will now send you a low-cost offer so that I can pass on my personal phone number and email. Check your email for that and follow the directions. These are my favorite cases to do. I enjoy them and have been doing them for many years. I cannot discuss my services on an open forum, but if you accept, you will see I have multiple services available to you from document review to full representation and all economical. You won't be disappointed. If you want to decline it, no problem, you can ask additional questions without any additional charge. But if you do decline it, PLEASE remember to leave a positive rating for me. Since I am not given a salary, it is the only way that I am compensated by the website. Use those smiley faces or stars. Also, a bonus is always appreciated if you feel I earned it. And finally, your question does NOT close just because it says, To finish… I can still answer additional questions for you without additional charge. 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!