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J-1 not subject to 212(e) ,get marry ti US citizen , do i have to go back to my country if i send the i-485 ?

Spartanburg, SC |

i just get married in spartanburg, i m now in the US , i want file i-130, and i - 485 ,do i have to go back to my country after sending the backage or stay in the us ? another thing is , i have to send the papaer or go to the immigeration office to get help ?

Attorney Answers 3


  1. You do not need to return to your country. Speak with an immigration attorney regarding whether you are subject to 212e. My firm handles marriage based immigration cases.
    Regards,
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  2. do i have to go back to my country if i send the i-485 ? No

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. You need file a waiver to the 2 year foreign residency requirement. I do not recommend you to do that alone. Seek and hire an experienced immigration lawyer to guide you through the process.

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