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

Asked about 1 year ago - 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

Attorney answers (6)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . 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: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . 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 www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Marie C. Puertollano

    Contributor Level 7


    Lawyers agree

    Answered . 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!

  4. L. Batya Schwartz Ehrens

    Contributor Level 8


    Lawyers agree

    Answered . 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

  5. Irene Vaisman

    Contributor Level 20


    Lawyers agree

    Answered . 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.
  6. Sean Thomas Wright

    Contributor Level 12

    Answered . 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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