I just married a foreign girl on Feb. 23, 2012. She enters US with R/B2 visa (visitor type) in 2004 and she got extension on her visa until july 15, 2013. Do I need to file an I-130 form since she is already here?
Here are forms that I prepared:
I-130 (petition for alien relative)
I-485 (adjusted status)
G-325A (biographic information)
I-864 (affadavit of support) and I-864A (sponsorship from my dad since I am just turn 18 and start working)
I-765 (permission to work)
I-693 (medical exam)
Are there any other forms should I prepare?
Thanks for the help.OK. She entered US as a 13 year old and continued to stay for schooling. She is cared for by her aunt who is a US citizen. Now she is 19 and I am 18 and 8 month old. The reason I am asking is that the purpose of I-130 is for a petition to bring your relative/spouse to US with a K-1 visa for which they must get married within 90 days of arrival. My wife is different since she is already here legally with her visa expires next year. And I-130 will cost us $420. If it is not necessary to file, then I'd rather save that money instead of giving it to uncle sam. Furthermore, hiring an immigration attorney is for complicated cases where the person is overstayed and/or work illegally. My case is not at all complicated but needs some advise. thanks. Note: She does not have an I-94 because she entered US in 2004 and INS starts issueing it after the 911. Correct?
Some of the information posted in your question is hard to understand. Assuming that your wife entered the country legally and has remained here ever since, itsounds like you have prepared all of the correct forms. However, particularly given your age I would retain an immigration attorney to ensure that you have assembled all of the correct supporting documentation. It is more difficult than just filling out the listed forms. Whereas an attorney cannot speed up the process, he/she can help the process to run more smoothly and decrease the chances of issues arising along the way. Good luck to you.
Debbi Klopman, ESq.
398 Bergen Street
Brooklyn, NY 11217
718 622 1208
This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com [email protected] 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
The complete list may look like this:
ONE STOP FILING:
2. I-485, Application to Register Permanent Residence or to Adjust Status,
3. G-325A, Biographic Information
4. I-130, Petition for Alien Relative (if filing concurrently)
5. I-864 Affidavit of Support by Petitioner or a proof of Immediate Parent 40 Qualifying Quarters
6. I-693, Medical Examination of Aliens Seeking Adjustment of Status
7. Government fees payable to the USCIS
8. 6 Passport style photos of a immediate relative beneficiary ,
9. Full copy of passport and I-94 for Immediate relative beneficiary,
10. Birth certificate of a US Citizen adult child (translated and notarized in English),
11. Naturalization Certificate or a US Passport biographic page of the US Citizen
12. Birth Certificate of Immediate Relative (translated and notarized),
13. One last year of tax returns and W-2s of the US Citizen adult child
14. Optional Premium Processing fee of $1225 after Nov. 23, 2010
All required supporting documentation as listed on the above forms.
Package of all of these forms:
But review everyting with an attorney prior to filing.
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Yes, you should file an I-130 even though she is already here.
An I-130 is an immigrant visa petition and if approved your wife will get a Green Card (or Permanent Residence). She will then be able to accrue presence in the US that will count towards eventually obtaining citizenship. Also, she won't have to return to her country when her visitor visa expires.
In reference to the above answer: 1) it is for general informational purposes only; 2) it does not constitute legal advice; 3) it does not create an attorney-client relationship. You should retain an attorney to review all the facts of your case and give you advice specific to your case.
I would simply add to the other posts that it is unclear from your statement what your wife's current status is. If she entered on a visitor visa, her permission to be in the U.S. is typically only 6 months even if the visa stamp in the passport indicates a ten year visa. She may have overstayed her visitor status. She can still immigration through your sponsorship, but she needs to be careful not to travel outside the United States during the process if she did overstay.
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