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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105649
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My Girl friend is from Poland and we have a 3 year old daughter

Customer Question

My Girl friend is from Poland and we have a 3 year old daughter together who has US citizenship. She has a USA passport. My Girl friend and I want to get married this spring in the USA. What does she have to do to if any thing for her to marry me in the state of Arizona?
JA: OK. The Immigration Lawyer will need to help you with this. Anything else I can tell the Immigration Lawyer before I connect you two?
Customer: I just need to know if there is any special documents she needs to bring with her prior to coming to the USA. she has a 10 year visitors visa that she has had for the past year.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months 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. Is she currently in the U.S.? If not, does she have a visa to come in? Which?
Customer: replied 8 months ago.
she has been in the use with me in the past on her visitor visa, but at this time she is back in Poland with our daughter of 3 years. She plans to return in 3-4 weeks.
Customer: replied 8 months ago.
hello, is anyone there?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Yes. Please be patient. It is a Saturday and I am the only active expert in the immigration forum and I am attending other customers at the same time. Sorry for the delay. I will be right with you.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Also, I type fast, but not that fast. Anyway, did you already have your daughter the last time she successfully entered the U.S.?
Customer: replied 8 months ago.
ok, sorry i am on a plane and will be landing shortly. i will lose our conversation in the next 10 minutes
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Ok. I will make it quick. So did immigration know that you have a daughter together the last time she entered the U.S.?
Customer: replied 8 months ago.
yes, our daughter has a US passport and is a US citizen.
Customer: replied 8 months ago.
she has no problem entering the USA herself or with our daughter.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Well, you have two options, the risky way which is quick but risky, and the correct way which is not quick. 1) The quick and risky way is that she tries to enter the U.S. as she has always done but this time they stop her and ask her what her reason for coming is and if they discover she has immigrant intent, one of three things could 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. It could be that they don't ask her anything and wave her on through, but there is no guarantee. If she makes it through, then 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 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, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail. 2) The correct way has two options: a) The K-3 spouse visa takes 6 to 9 months. The I-129F will cost $340 and $350 for the visa processing fee. Then after she enters the U.S., she must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later. b) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later. So the K-3 is faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside.Here is a link to both:http://travel.state.gov/content/visas/en/immigrate/family/fiance.html and another link:http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf So there are your options. Sorry about the delay. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** 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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months 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 8 months ago.
Thank you for your kindness and respect. Good luck to you.

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