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I am marrying my girkfriend who I have known for 5 years and…

I am marrying my...

I am marrying my girkfriend who I have known for 5 years and we met working for sane company. She currently is a Russian citizen and I am US citizen borm here. She currently has a B1/B2 visa and we will marry here in the US. She has two children. They also have B1/B2 visas. My understanding is since they will be living with me in the US and we are married in the US we just need to apply for adjustment to status here in the US I - 485 as well as the I 130 forms for all three. Is this correct?

Lawyer's Assistant: What steps has your girlfriend taken? Has she filed any paperwork with the U.S. government?

Not yet. Just has the B1/B2 visa

Lawyer's Assistant: Has your girlfriend talked to a lawyer about the visa?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes - does the change in visa status for kids biological father in Russia need asditionsl consent if already given for B1/B2 visa? does she meed to get it again?

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3/24/2018
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,557
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Hello! My name is***** have over 12 years of legal experience. Please allow me some time to review your question.

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Customer reply replied 4 months ago
Ok. Appreciate your advice.
Customer reply replied 4 months ago
She has consent to take kids out with the B1/B2 visa. Just want be sure don’t need it again as he is difficult.

Does the mother have full legal and physical custody of the children?

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Customer reply replied 4 months ago
she has full custody
Customer reply replied 4 months ago
He has visitation rights
Customer reply replied 4 months ago
Divorce was done in Russia so different system
Customer reply replied 4 months ago
She has to renew the b1 so wondering should just get consent for both at same time and be done with it.
Customer reply replied 4 months ago
Or previous consent good enough.

OK, great. Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: There is no specific requirement in the law for her to get consent of the biological father. That does not, however, protect her from enforcement of international laws or international agreements that might exist between countries. So while it is not necessary for her to get consent from the father for the adjustment, it is probably a better if she does.

As a side note, it is not necessary for them to file for an extension of B2. As immediate relatives, if they file the I-485 and I-130, their cases can move forward. This is true even if they are already out of status. Certainly it is better if they are in status when the I-130 and I-485 are filed, but the cases can move forward even if they are out of status.

I hope that answers your questions.

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Customer reply replied 4 months ago
you can file for adjustment for B1/B2 to Resident through marriage. And follow the rules for being in US for filing the I 130 and I 495?

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

Yes, they can file for adjustment of status from B1/B2 visitor to permanent residents through marriage.

I don't understand the last question.

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Customer reply replied 4 months ago
My first question - my GF and her kids have B1/2 visas, upon marriage in US all we have to do is file for adjustment to those visas to permanent resident via the I 130 and I 495 forms. So yes you can do this?

Yes, that is correct. Forms I-130 and I-485 for all of them.

I hope that answers your questions.

▼ RATING REQUIRED! ▼ Please remember to click on 4 or 5 stars (★★★★) on your computer screen. This is important because this is how I get credit for doing my job.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Expert James
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Category: Immigration Law
Satisfied Customers: 13,557
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Customer reply replied 4 months ago
Thanks!!
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