Can my wife petition for me (I 130)while I am in the states with a visitor visa and apply for a K3 visa?: I am On visitor visa, married to US citizen, now in the states and my I - 94 will expire on September 20 and have a plan to leave the state before it expires. I need to stay in the US because I have to take care our kid while my spouse is at work. Please, what other measures do you suggest me???
Michael’s answer: Based on the information you have provided, you do not need to leave the U.S. Rather, your U.S. citizen spouse would file an I-130 Immigrant Petition on your behalf with the USCIS and you would jointly file, together with her I-130 Petition, your I-485 Application for Adjustment of Status to U.S. Permanent Residency. There are also a number of other immigration forms that need to be submitted at the same time, together with supporting documents, as part of one application package. An experienced immigration lawyer can provide you with guidance in a consultation in person, by phone, or on Skype, on what immigration forms and supporting documents need to be filed with the U.S. Citizenship and Immigration Services.
How many months should I wait to re enter USA?: I stayed in California last April for 2weeks. I am planning to go to hawaii on August.
Michael’s answer: Staying outside of the U.S. for three months, after having been in the U.S. for only two weeks in April, should be more than enough time spent outside of the U.S. for you to be permitted by U.S. Customs and Border Protection to re-enter the U.S. as a tourist.
Urgent: H1B Visa stamping - Health problems:
Hi There
I have initial visa till July 2017, when I moved to other company I got petition and I-94 till July 2018.
Due to health emergency of my family member I am planning for short India trip. If my trip is before July 2017( initial visa stamp) I.e. In next 1-2 months, can I come back without WVP/Re-Stamping in India?
please help me, I am waiting for the answer from my company Immi team also.
Thanks
Michael’s answer: Based on the information that you have provided, you should be able to re-enter the U.S. prior to the expiration date of your current visa, using that visa together with the USCIS Approval Notice for your current H-1B employer and your most recent pay statement for that employer.