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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3363
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am a born American, who married an Egyptian man with an

Customer Question

I am a born American, who married an Egyptian man with an expired visa. Can I apply for him to stay here now?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 8 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

What visa did he enter the US with?

Customer: replied 8 months ago.
visitor visa for 5 year's but when he entered the US they gave him 6 months
Customer: replied 8 months ago.
He is at work now and will forward me his visa when he gets home after he sleeps a while
Customer: replied 8 months ago.
can we continue this tomorrow?
Customer: replied 8 months ago.
he wants me to let you know he has come to the US three times under this visa and left 2 times, then came back.
Expert:  Jennifer Marie, Esq. replied 8 months ago.

Sure we can, but just to let you know that if he entered with a visitor's visa then YES you can apply for him to remain in the US permanently and receive his permanent residence (green card). He can do that even if his visa expired and even if he has entered multiple times. That doesn't change anything I do not need to see his visa to verify this.

Since you two are married already you can move on to the next step of petitioning him. This is a list of every single thing you will need to submit by mail and then additional things you should take with you to the interview down the line:

FORMS: I-130, I-485, I-864, G-325A (one for each of you), I-765 (optional), I-131 (optional). Throughout the forms, remember you are the PETITIONER and your spouse is the BENEFICIARY. This will help in filling them out. You can find all forms here http://www.uscis.gov/forms

Read the I-864 carefully and make sure your income qualifies, if not you need a joint sponsor.

Together with the forms you will also send:

-Immigration medical exam for your spouse (find a doctor at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV)

-2 passport style photos for you, 8 for your spouse (2 photos each for I-130, I-485, I-131, I-765)

-Checks or money orders $1070 and $420 ($1490 total) made to DEPARTMENT OF HOMELAND SECURITY

-Marriage Certificate

-Copy of your US passport biographical page

-Copy of your spouse's passport biographical page

-Copy of your spouse's I-94

-Copy of your spouse's birth certificate with certified translation if needed

-Documents proving that your marriage is bona fide such as: Joint lease agreement, joint bank accounts, joint income tax filing, joint credit cards, joint bills, joint car insurance, joint health insurance, drivers license - change address, many pictures from wedding and other events alone and with family.

AND - Your last tax returns and W-2

Make a copy of your whole packet for yourself. Mail the original to:

USCIS

PO Box 805887

Chicago, IL###-##-####/p>

This is the address if you want to do Express mailing:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL###-##-####/p>

Once you file all these documents, you will receive a receipt notice in the mail for each of the applications in 2-3 weeks. After that in about 4 weeks your spouse will receive an appointment to have biometrics (fingerprints) taken at the local USCIS office. Your Spouse should then receive a work permit and travel permit in about 3-4 months, if you sent those applications in also. Your spouse should not travel outside the US until receiving this travel permit or the whole process will be considered abandoned. If he doesn't submit the I-131, travel permit, it's fine. He can travel once he receives the green card. He can get a driver's license once he has the work permit.

Your spouse will later receive an interview notice to attend the USCIS/immigration interview in about 4-5 months and then you must both attend the interview.

As far as documents related to the marriage, send in whatever you have by mail at the time that you apply but don't worry if you don't have too much. You can take updated documents to the interview such as newer/more bank statements, updated joint bills, updated lease if it's a new one, updated tax return if you have filed a new one by the time of interview, and an album with many pictures from different times in relationship.

To the interview you will also take the originals of all certificates (marriage, birth, divorce) and passports.

If all goes well, spouse will be approved that day and will receive green card in about 2 weeks!

I know immigration issues/documents sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with application preparation or review, I can send you an offer for this legal service to you for a reasonable fee later on. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind.

Good luck to you during this process and I hope this answer has helped you!

If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal.

Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid.

This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost .

Any bonus you wish to provide will be very appreciated.

If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.

Expert:  Jennifer Marie, Esq. replied 8 months ago.

Hello again.. I am just checking in to make sure you were able to read the last answer I sent you and if you would like to ask any other follow up questions.

Hopefully I earned your positive rating and you will be able to rate my answer with the happy faces or stars. You can still ask me follow up questions even after you rate me. Thanks in advance.

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