I 130 we didn't send a copy of our marriage certificate , we only sent the translated one !! does that mean a RFE ? :/: I 130
Eli’s answer:
I agree with the other attorneys. Under the new Memo, Immigration could just deny your case. However, they probably issue you an RFE and you can then send them a copy of the foreign marriage certiticate.
Eli Kantor
Medical benefits for new immigrants: I am sponsoring green card for my parents. When they immigrate here, are they eligible for MediCal or MediCare programs which are state or federal funded since they wont be working at all? As i will be submitting I-864, am i responsible for the medical coverage as well for them? Will my income be counted towards Obamara care plans?
Eli’s answer: My understanding is that when you file your I-864, affidavit of support, you are agreeing that your income will be considered to determine whether your parents are eligible to receive benefits. If you have sufficient income to qualify for the I-864, your parents will be ineligible to receive benefits, and if they manage to receive them you will be liable to repay the government for all the money that they receive.
My girlfriend is here from Colombia on a tourist visa: My girlfriend is here from Colombia on a tourist visa in which she must return in August. Is it okay for me to file for a fiance visa now while she is here? I have been told the process takes anywhere from 4-6 months. We plan on marriage during the 90 day visa term in November or December
Eli’s answer: I agree with my colleagues. You should wait at least 90 days from her date of entry to avoid any possible issues of pre-conceived intent, and then get married here. Then you can file your application and within 90 days she will have her work permit and advance parol to travel. You can just go to city hall and get married now and have a formal wedding with all of the family later. A fiance visa will wind up costing you twice as much and delay the process substanially.