Spouse came to visit with a B1 and now wants to stay to apply for a green card here .

Asked almost 2 years ago - Atlanta, GA

Married 3 years . Child has a Consular Report of Birth Abroad and US passport . We lived together in Ukraine for 5 + years . I moved back to the US to start a new job , she came with me with a B1 visa to help find a place and move in . She now wants to apply for green card from here as well as file an application for her 18 yr old child still in Ukraine . What forms do I need to file ?

Additional information

Two children - 3 yr old is mine and has US passport. She's here with us. The 18 yr old is hers from a prior marriage and is still in Ukraine.

Attorney answers (5)

  1. Haroen Calehr

    Pro

    Contributor Level 17

    8

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . If you're a US citizen, since she entered the country legally, yes, after she's been here for 60 days she can apply for her green card (adjustment of status) here in the US. You must file for forms I-130, I-485, I-765, I-864, G-325, G-693. You should hire competent immigration counsel to help you with the case/application. For the child, I don't understand. If as you say, the child already has a Consular Report of Birth Abroad and US Passport, why do you need to sponsor the child?

  2. Theodore S. Huang

    Contributor Level 13

    9

    Lawyers agree

    1

    Answered . Work with an immigration attorney to address timing and potential visa fraud issues as well as to apply for her other 18 y.o. child , if that child is not your biological child.

    (626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client... more
  3. Alena Shautsova

    Pro

    Contributor Level 20

    3

    Lawyers agree

    13

    Answered . I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  4. Samuel Patrick Ouya Maina

    Contributor Level 19

    8

    Lawyers agree

    1

    Answered . Forms are available on USCIS website. You should speak to an attorney about possible immigrant intent issues and misrepresentation

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  5. Sidhartha Singh

    Contributor Level 5

    7

    Lawyers agree

    1

    Answered . She will need a medical exam by a designated civil surgeon (I-693) to file with the I-130 and I-485, and you will need to fill out an affidavit of support (I-864) either alone or with a joint sponsor to demonstrate that she can be financially supported. Biographical information (G-325) is required as well, and you should fill out employment authorization (I-765) so she can receive an EAC and work while the I-485 is pending because it could take a while. However I recommend you retain an attorney (G-28) or at least consult one before filing anything to ensure that everything is done correctly.

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

16,523 answers this week

2,274 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,523 answers this week

2,274 attorneys answering