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My son is a US citizen living in California. He is engaged…

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My son is a US...
My son is a US citizen living in California. He is engaged to an person from the Philippines. She came to the USA on a work visa that has expired. What's the best next step if they wish to marry in the USA? Can she apply for an extension? Should she contact USA immigration directly? Should they consult an immigration attorney? Thank you.
Submitted: 2 years ago.Category: Immigration Law
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Answered in 2 minutes by:
1/22/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,458
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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.

What type of work visa was it? An H-2B? A J-1? Which?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

I will assume she did NOT enter the U.S. on a crewman visa or a J-1 visa that requires her to go home for two years. If she did, let me know and I will give you those other options. So assuming she entered on an H-2B or H-1B, or similar visa, after your son marries her, he 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 them), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). They 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 they would file would be birth certificates, marriage certificate, divorce certificates if either have been married previously, proof of your son's U.S. Citizenship, proof of her legal entry into the U.S., and financial documents of your son to prove his income over the last year at least.

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

Please let me know if you have any additional questions as I will be happy to respond, but because this case is the type of case that I love to handle, I will now send you a low-cost offer so that I can pass on my personal phone number and email. I cannot discuss pricing 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 at very reasonable prices. You won't be disappointed as these are my favorite cases to do and have been doing them for many years. If you decline, no problem, you can ask additional questions without any additional charge. But 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. Also, a bonus is always appreciated if you feel I earned it. And finally, your question does NOT close just because you leave a positive rating. I can still answer additional questions for you without additional charge. Thank you for your understanding.

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Customer reply replied 2 years ago
Hi! Sorry for the delay we just had to find out which type of visa she was granted. R B1/B2. Issued 11FEB2013. Expiration 07FEB2023. Thank you.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Then my answer stays the same. She can Adjust Status in the U.S. without having to leave.

Let me know if you need anything else, but please do not forget to rate me positively. 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. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello Fred. 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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Guillermo Senmartin
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