Immigration Law

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I am in the process of applying for adjustment of status -
I am in the process of applying for adjustment of status - my husband is a US citizen. I have already submitted forms I-130, I-485, I-767, I-131 and I-864EZ. I recently received a Request for Initial Evidence (I-485) stating that I cannot use form I-864EZ and that I must submit the regular form I-864. It states that “documentation indicates that the I-485 applicant is a family-based preference immigrant and has a spouse and/or children who are derivative applicants (“riders” on form I-130) who have applied for adjustment of status with the principal applicant”. This is confusing because I am the ONLY immigrant being sponsored and I do not have any derivative applicants. Additionally, my husband (who is a US citizen) makes enough to satisfy the income requirement. Why are they requesting this and stating that I have derivative applicants when I don't?Ps I am planning on submitting form I-864 with supporting documentation (federal income tax returns, W2s) - is there anything else I need to include?I have another quick question - should I submit form I-693 along with the RFE? I know you can submit it separately or wait until the interview (if you have one), but would it be okay if I submitted it together with the new form I-864?Thank you … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
115,280 satisfied customers
Nisha, we are about ready to file our i-130 and i-485 forms.
For Nisha:Nisha, we are about ready to file our i-130 and i-485 forms. But we need to know if it is required of me, the US Citizen, to file an i-864 Affidavit of Support as well. Do I need to file thi… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,458 satisfied customers
I have several questions about the card application process
Hi! I have several questions about the green card application process for someone who received approval for his I-140, EB-1 visa. (This individual is married so he wants to obtain a green card both fo… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
30,328 satisfied customers
Now I am more clear with my case. The only form that was not
Hi, Jennifer now I am more clear with my case. The only form that was not approve was I-485 according my second answer from them, so although the case is closed now Do you think that I just must submi… read more
Jen Marie, Esq.
Jen Marie, Esq.
Immigration Attorney
Juris Doctor
7,555 satisfied customers
I 94 Form expired December 2013. She has a Non-Imigrant Tourist
I 94 Form expired December 2013. She has a Non-Imigrant Tourist I 94 form. Passport Ok until December, 2015, Visa ok until 2017. She is from Thailand and in the USA now. I am a US Citizen. What is the… read more
Expert James
Expert James
Doctoral Degree
12,931 satisfied customers
I am in the USA under an E2 visa. I just married a US citizen.
I am in the USA under an E2 visa. I just married a US citizen. What is the easiest way for me to get a greencard so I will no longer need the E2 to live, work and stay in the USA?… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
30,328 satisfied customers
Hello, I asked you several months ago about information regarding
Hello, I asked you several months ago about information regarding adjusting my status. Now I'm married to a US Citizens and I just want to make sure that I file all the forms that I need to file. So, … read more
Expert James
Expert James
Doctoral Degree
12,931 satisfied customers
I am marrying an F-1 Visa Student and I myself am a natural
I am marrying an F-1 Visa Student and I myself am a natural born citizen of the United States. What paper work must she file in order to change her status and what should I be prepared for. She has li… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,921 satisfied customers
Hi, My name is Carlos and this is my story. My dad who
Hi, My name is XXXXX XXXXX this is my story. My dad who is a US resident since 2002 petitioned me with an I-130 (unmarried son older than 21 years). We were given a priority date of November 22, 2002.… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I prepared AOS for my son , but I dont know where I should
I prepared AOS for my son , but I dont know where I should sens it? And I dont know shoud I need to notary?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
115,280 satisfied customers
I was an international student up until 3 months ago when I
I was an international student up until 3 months ago when I became out of status because my financial sponsor couldn't afford to pay for my classes anymore and I ended up dropping out of college.... M… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
115,280 satisfied customers
I was an international student up until 3 months ago when I
I was an international student up until 3 months ago when I became out of status because my financial sponsor couldn't afford to pay for my classes anymore and I ended up dropping out of college.... M… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
My wife came to the US on a K-1 Fiancee Visa on 5/20/09. We
My wife came to the US on a K-1 Fiancee Visa on 5/20/09. We married on 6/9/09. We are applying for Permanent Residence Staus. My question concerns the USCIS form I-485. Her name before marriage to me … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
115,280 satisfied customers
Hi. My mother arrived in the U.S. October 14th 2008. I have
Hi. My mother arrived in the U.S. October 14th 2008. I have applied to the INS for her permanent resident visa but it is not completed yet. Her I-94 form has a return date of April 11 2009. She got si… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
115,280 satisfied customers
How can I file for my husband you has an expired visa
I am a U.S Citizen married to a non-immigrant. My husband came here on a b2 visa for 5years which is now expired. I am a little confused as to what I have to do.… read more
LEV
LEV
Retired
Bachelor's Degree Equivalent
30,714 satisfied customers
My finacee is in Kiev and we are thinking of being married ...
My finacee is in Kiev and we are thinking of being married there. What will we need to do after we are married so that she can immigrate to the USA to be with me in South Carolina?… read more
LEV
LEV
Retired
Bachelor's Degree Equivalent
30,714 satisfied customers
I HAVE BEEN MARRIED TO AN ILLEGAL IMMAGRANT FOR ALMOST 2 ...
I HAVE BEEN MARRIED TO AN ILLEGAL IMMAGRANT FOR ALMOST 2 YEARS HOW CAN I START THE PROCESS OF IMPROVING HIS STATUS?… read more
LEV
LEV
Retired
Bachelor's Degree Equivalent
30,714 satisfied customers
My Financee is a Japanese Citizen living in the U.S. and ...
My Financee is a Japanese Citizen living in the U.S. and attending school on a student visa. We wish to marry and do not know the proper process. Can you assist?… read more
LEV
LEV
Retired
Bachelor's Degree Equivalent
30,714 satisfied customers

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Guillermo Senmartin

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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