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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28208
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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, I married a US Citizen this October and is about to

Customer Question

Customer: Hi
JA: Thanks. Can you give me any more details about your issue?
Customer: My name is***** married a US Citizen this October and is about to start the process. I intend to file I-130 and I-485 & I-765 while being in US.I have a valid Visit Visa, currently I am based in Dubai ,I want to come over for few days to LA and file all the documents and leave like 3 days, but the problem of not being their while one files I-485. What is the best way to go about it
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Submitted: 10 months ago.
Category: Immigration Law
Expert:  Judith replied 10 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You cannot do as you plan because you must remain in the US once you file the 485 for t least 90-120 days to get your advance parole document. If you leave before receiving that you abandon your adjustment of status 485 and have to do consular processing and cannot enter as a visitor while waiting for your immigrant visa.

You should have started that months ago.

Your wife will file form I-130 with the USCIS here in the US at the lockbox (PO Box) as per the instructions.
You must include with the form a G-325A for you and he along with 2 passport style photos of each of you.
You can find those forms and instructions at this link

http://www.uscis.gov/forms
Once your petition is approved (it will take 3-5 months) you will be notified and the petition will be sent to the National Visa Center. In approximately 2-3 weeks they will send you a bill for the immigrant visa fee $230 and your Affidavit of Support (I-864) $88.
Once you pay these you will receive instruction on submitting the I-864 and he will get his instructions on beginning the immigrant visa process by submitting the DS-230 Immigrant Visa Application.
After that is received the USCIS will request his background/security check be done by the FBI.
When the clearance on him is received his file is forwarded to the US consulate or Embassy closest to him.
He will then receive his instructions for medical and visa appointment.
He will be told what documentation to bring.
In their attempts to identify marriages that are not made in good faith you and he need to document your relationship with pictures, cards, emails, printouts of your skype conversations, etc.

AFter his interview he will be told to leave his passport and the immigrant visa packet will to sent back within 2 weeks at which time he may travel to the US. He has 6 months to use the visa.

Upon arrival he is processed as a permanent resident and he will receive his resident card in the mail in 30-60 days. He will be a conditional resident and you and he will have to file to remove the conditions within the 90 day window of the expiration of his 2 year conditional status.

OR

You can come in as a K3 spouse of a US citizen and then file the 485 upon arrival here. That will shave off about 3 months time.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith