How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Expert James Your Own Question
Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

My girlfriend is here on a travel visa. We recently

Customer Question

My girlfriend is here on a travel visa. We recently discovered we are expecting a baby. We had plans to get married next summer, but now we are going to wed sooner. What does this mean for her visa status?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello! Thank you for using Just Answer. I am James. I will be assisting you. Please allow me some time to review your question.

Expert:  Expert James replied 1 year ago.

When you say a travel visa, was it a B2? Or did she come on the Visa Waiver Program/ESTA? What country is she from?

Customer: replied 1 year ago.
She is on a ESTA for the States, she is from Australia, she had a working Visa for Canada as she worked for Whistler/Blackcomb
Expert:  Expert James replied 1 year ago.

OK, thank you very much. My apologies for the delay. I was away from the system, when you responded.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Getting married, alone, doesn't mean anything for her visa status. Nothing changes just becasue she gets married. That only happens if you and she petition and apply, respectively, for an adjustment of status to Permanent Resident.

The process:

First, the US citizen spouse must submit the I-130, Petition for Alien Relative, and the alien must submit the I-485, Application to Register Permanent Residence or Adjust Status, after they are married. They should be submitted together, in the same envelope, to the same address. This starts the process for a green card and it keeps the alien here, safe from deportation. Note that both parties must to submit form G-325A (Biographic) with the I-130, and the alien must submit I-693 (Medical Examination). It will take approximately 10 months to complete the entire process and get a green card.

You can find the I-130 and its instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD.

You can find the I-485 and its instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.

You can find the G-325A and instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d7c84154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.

You can find the I-693 and instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.

If the alien wants to work while waiting for the green card approval, they can submit the I-765, Application for Employment Authorization. If they want to travel while waiting for the green card, they can submit the I-131, Application for Travel Document. Each of these takes anywhere from 3-5 months for approval.

You can find the I-765 and its instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.

And you can find the supporting documents at this link: http://www.visajourney.com/content/i130guide2

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job.

A BONUS is also appreciated, if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.