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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108974
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Mr Barrister and I m talk. fiancé and my child they are from

Customer Question

Hello Mr Barrister my name is ***** ***** and I m talk. For my fiancé and my child they are from Ukraine are here in the country because have visa x two years I need to request the residence for Boths and I want to know if theirs have to comeback Ukraine until the residence is ready if the residence of my fiancé is the same for my child how long have to wait for the residence I need to know if my child can start to go the school here too if my fiancé can stay in the country and work in the time are waiting for the residence I need to know what documents they need for make the request and what is the price. Thanks for your time I really appreciate and hope can work together for a successful residence.
Submitted: 1 year ago via ForeignBorn.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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.

You are a U.S. Citizen? What was the visa that each used to enter the U.S.?

Customer: replied 1 year ago.
I am a US citizen... They both come from Ukraine
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

What visa did they each use to enter the U.S.? And the child, it is your biological child? You appear on the birth certificate as the father? If so, how long did you live in the U.S. before the child was born?

Customer: replied 1 year ago.
The child wasn't my biological child, they just came from Ukraine about 2 months ago and the visa was issued in Ukraine
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But what TYPE of visa? Was it a B-2 tourist visa that they used or was it a K-1 and K-2 visa?

Customer: replied 1 year ago.
Its a B2 tourist Visa
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. Then after you marry, 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 exact same set of forms would be filed for the child if you marry the mother before the child turns 18.

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. The documents for the child would be primarily the birth certificate and copy of the passport and proof of legal entry into the U.S.

In about 3 to 5 months after filing, they should get a work permit and Advance Parole. About 5 to 7 months after filing you should get a marriage interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later they should get a Residency status (green card).

No, they do not have to go home during this process and in fact they cannot go home until they have at least the Advance Parole approved. As far as school and work, they are not supposed to, but they would not be denied Residency if they went to school or worked without authorization.

I will now send you a low-cost offer so that I can pass on my personal phone number and email. Check your email for that and follow the directions. These are my favorite cases to do. I enjoy them and have been doing them for many years. I cannot discuss my services on an open forum, but if you accept, you will see I have multiple services available to you from document review to full representation and all economical. You won't be disappointed. If you want to decline it, no problem, you can ask additional questions without any additional charge. But if you do decline it, PLEASE remember to leave a positive rating for me. 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. Since I am not given a salary, it is the only way that I am compensated by the website. Use those smiley faces or stars. Also, a bonus is always appreciated if you feel I earned it. And finally, your question does NOT close just because it says, To finish… I can still answer additional questions for you without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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!

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