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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28396
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am now living with a women who is here from the phillipine

Customer Question

I am now living with a women who is here from the phillipine on a visiting visa. We have been living together for over two years and would like to get married in June of this years
could she still be deported back to the phillipines even though she is my wife. What do I need to do in order for her to stay here with me. She has been in Canada now three years.
I am 77 years old and she is 61 years old we are both single.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 11 months ago.

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

If she has been here beyond her authorized stay given to her when she entered then she can be removed (deported) from the US unless you marry and file a spousal visa petition for her and she filed for adjustment of status.

At the time she files for her immigration benefits she will also ask for a temporary work permit and permission to travel. This will be evidence of her being in a period of stay authorized by the attorney general until you and she have your interview for together in approx 6 months. It takes about 3 months for her to get the work permit and advance parole permission to travel and re-enter.

She does not have to leave the US while this process is ongoing.

You will see that one of the forms is an Affidavit of Support. You need to show you have sufficient income or assets to support her. That requires at least income of $21K a year. Social security benefits and retirement/pension benefits count, as does your investment in your home or cash assets of at least $60 if you do not have the $21K a year income

Here is what you will need: Find instructions for each here:

http://www.uscis.gov/forms

I-130 Immigrant Petition (signed by US citizen spouse)

I-485 Application for Adjustment of Status (signed by alien)

I-765 Employment Authorization Application (signed by alien)

I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)

G-325A Biographic Sheet (one for alien and one for their spouse)

G-1145

A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

I-864 Affidavit of Support

Two passport sized photos of spouse

Six passport size photos of alien

Copy of alien’s passport including all blank pages and I-94

Copy of US citizen birth certificate, natz cert or passport

Copy of spouse's birth certificate

Copy of any divorce decrees

Copy of marriage certificate

One check for the I-130 in the amount of $420

One check for the I-485/765/131 in the amount of $1,070

The packet get filed at the PO box on Page 6 of the instructions

http://www.uscis.gov/files/form/i-485instr.pdf

You can read about the process at this site

http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

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Judith