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

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 ?

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.

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Attorney answers 5

Best Answer
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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?

Posted

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 relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.

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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, Suite 707 San Francisco, CA 94104

Posted

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.

Asker

Posted

What should I expect to pay for an attorney, given that everything goes smoothly?

Sidhartha Singh

Sidhartha Singh

Posted

There is no standard fee arrangement and your best bet may be to schedule consultations with different attorneys in your area to have a fee quoted. Not only do costs vary among attorneys and firms , but also the flexibility of payment plans vary which can be important because of the length of the process. My firm files for petitions such as yours routinely and we would be glad to consult with you and quote you our fee; my firm's information is available in my profile.

Posted

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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com