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Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29006
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I'm a Portuguese resident and I want to married with U.S. resident

Customer Question

I'm a Portuguese resident and I want to married with U.S. resident and like this became legal in U.S. What I need to do?thank you
Submitted: 2 years ago.
Category: Immigration Law
Customer: replied 2 years ago.
I'm illegal I just have a tourist visa on my passaport .
Expert:  Judith Ludwic replied 2 years ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
Did you enter legally as a tourist?
How long have you been out of status?
Customer: replied 2 years ago.
Yes i did , I will be here 3 years already in October
Customer: replied 2 years ago.
I'm living in U.S. For 3 years this October
Expert:  Judith Ludwic replied 2 years ago.
Thank you for the additional helpful information and congratulations on finding love!
Marriage to a US citizen gives you many benefits. The immigration law makes an exception for those who apply for adjustment of status based on marriage to a USC and allow you to apply for adjustment of status even if you are out of status or have worked unlawfully.
Here is what you will need: Find instructions for each here:
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)
A medical examination in a sealed envelope performed by a civil surgeon (find one here:
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
You can read about the process at this site
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.
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