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I'm a French citizen and I came in the united states December 11th 2012, My wife and I got married in January

New York, NY |

I came here under a waiver visa but my wt has expired on march 9th of this year she wants to know if we can send these forms ( I130; I485; I765) to the uscis ... cause she doesn't want me to go back to Paris to wait on my papers

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Attorney answers 6


Check with a lawyer what is the policy of the USCIS field office in the city where you live (and will have the interview). Here, in San Diego, coming under a visa waiver and getting married lead almost always to the denial of the marriage application. But almost all other USCIS field offices in the US would accept the marriage application of a person coming under a visa waiver. Bonne chance!


You should have applied for a green card while you were still lawfully in the US. Check with a local immigration attorney to see if you will have any problems filing now that you are out of status.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


There is much more to immediate relative petition than filing forms. You married within a month of arrival, this may create a host of issues.your best bet, to have a consultation with a competent immigration attorney before mailing the forms.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


I agree with the other attorneys. You should consult with an immigration lawyer because you have several issues to overcome - 1) you are no longer in status 2) you overstayed on the VW program and 3)you violated the terms of the VW program married/filed a green card so shortly after entering


Adjustment is possible, but as you can tell from the other responses, it will not be a straight forward case. Strongly recommend working with an experienced attorney.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


The issue here in the dual intent. You came here and entered legally and further violated the terms of the visa waiver program. Your wife's petition may be approved, but will not be easy. We recommend that you consult with an experienced immigration attorney.

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