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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105684
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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If I marry in Canada in December 2015 but she isn't planning

Customer Question

If I marry in Canada in December 2015 but she isn't planning on moving until May 2016 can she come and go to the USA on her passport like she normally would? Then we she moves could we file the paperwork for immigration
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Also once she moves and we file paperwork can she stay in the USA until her resident card is issued?
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.

She has to be careful. If they discover that her intent may be to stay in the U.S., one of three things can happen:

a) They will allow her to withdraw her request to enter the U.S. and she can go home, no penalty.

b) They will not allow her to withdraw her request to enter the U.S. and will order her excluded. This has a 5 year penalty that she cannot come back unless she gets a very hard to get waiver.

c) They will not allow her to withdraw her request to enter the U.S. and they catch her in a lie and they exclude her with a permanent bar due to fraud and/or misrepresentation and with that charge she cannot come back unless she gets a very hard to get waiver.

Now they may not ask her anything at all and wave her on through. If she makes it in and you decide to file for her while she is in the U.S., you would file the following forms for her:

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 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. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. 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 Kevin. 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.

Kevin, thank you for your kindness and respect. Good luck to you.