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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7579
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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He’s here on a student visa and we’re wanting to be married

Customer Question

He’s here on a student visa and we’re wanting to be married legally so he can also become legal here.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 8 months ago.

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Expert:  Jen Marie, Esq. replied 8 months ago.

This is my specialty.

I understand that you would like to marry a person who is here on a student visa and then you would like to petition him for his green card? Is that correct? Are you a US citizen?

Customer: replied 8 months ago.
I am a u.s citizen. And yes we would love to get married and have him a green card.
Customer: replied 8 months ago.
I need to know what it will take to get us married and his green card.
Expert:  Jen Marie, Esq. replied 8 months ago.

In order to marry him in Kansas, he will need to show a valid passport for his identification. He can state that he doesn't have a license if they ask him, unless he does, in which case he should take that also. Once you are married, you can immediately petition him for his green card. Here's what you have to do:

File these forms

FORMS: I-130, I-485, I-864, I-130A, I-765 (work permit- optional), I-131 (travel advanced parole -optional), G-1145 (optional).

Throughout the forms, remember you are the PETITIONER and your spouse is the BENEFICIARY. This will help in filling them out. You can find all forms here http://www.uscis.gov/forms

* Read the I-864 carefully and make sure your income qualifies, if not you need a joint sponsor.

Together with the forms you will also send these documents and items:

-Immigration medical exam for your spouse (find a doctor that performs these at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV)

-2 passport style photos for you, 8 for your spouse (2 photos each for I-130, I-485, I-131, I-765)

-Checks or money orders $1225 and $535 ($1755 total) made to DEPARTMENT OF HOMELAND SECURITY

-Copy of Marriage Certificate (and copies of divorce decrees)

-Copy of your US passport biographical page

-Copy of your spouse's passport biographical page

-Copy of your spouse's I-94 and last visa

-Copy of your spouse's birth certificate with certified translation if needed

- Copy of both person's divorce judgments or death certificates for previous marriages

- Your last tax returns and W-2/1099

-If you need a joint sponsor then also an I-864 for your joint sponsor and your joint sponsor's last tax returns, W-2 and proof of US legal status.

-Documents proving that your marriage is bona fide. Examples: Joint children birth certificates Joint lease agreement, joint bank account, joint income tax filing, joint credit cards, joint bills, joint car insurance, joint health insurance, drivers license with same address, joint memberships, receipts of large purchases together, proof of trips together, many pictures together from wedding and other events alone and with family and friends. Last resort would be sworn affidavits from people that know both of you and are witnesses of the relationship and/or wedding.

Make a copy of your whole packet for yourself. Mail the original to:

USCIS

PO Box 805887

Chicago, IL###-##-####/p>

This is the address if you want to do Express mailing:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL###-##-####/p>

Once you file all these documents, you will receive a receipt notice in the mail for each of the applications in 2-3 weeks. After that in about 4 weeks your spouse will receive an appointment to have biometrics (fingerprints) taken at the local USCIS office. Your Spouse should then receive a work permit and travel permit (advanced parole) in about 3-4 months, if you sent those applications in also. Your spouse should not travel outside the US until receiving this travel permit or the whole process will be considered abandoned. If your spouse doesn't submit the I-131, travel permit, it's fine;spouse can travel once they receive the green card. They can get a driver's license once they have the work permit.

Your spouse will later receive an interview notice to attend the USCIS/immigration interview in about 4-5 months and then you must both attend the interview.

As far as documents related to the marriage, send in whatever you have by mail at the time that you apply but don't worry if you don't have too much. You can take updated documents to the interview such as updated/more bank statements, updated joint bills, updated lease if it's a new one, updated tax return if you have filed a new one by the time of interview, and an album with many pictures from different times in relationship.

To the interview you will also take the originals of all certificates (marriage, birth, divorce) and passport for both of you.

If all goes well,your spouse will be approved that day and will receive green card in about 2 weeks!

I know immigration issues like these sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with preparation or review of applications, I can send you an offer to exchange contact information so I may help you with these legal services for a reasonable fee. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind for whenever you'd like in the future.

Good luck to you and I hope this answer has helped you!

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Expert:  Jen Marie, Esq. replied 7 months ago.
Hello again.. I see that you were able to view my detailed answer a few days ago, but you did not ask any follow ups or leave me any feed back. Please let me know how else I can help and please kindly keep in mind that we experts do not receive a salary from this website. We only receive credit when you leave a good rating for us with the stars ★★★★★. This is our work. Thank you for your consideration of our work and time here.