My now wife came to the US on a K-1 visa in Jan. 2012 we were married in Feb. of 2012. We had all the paperwork done for the I-485 except for her birth certificate, was unable to solve this problem while she was in the US so we decided for her to go home before she became out of status and take care of problem. I now have the birth certificate. Do I have to file for a I-130 or can she come back on a visitors visa and just complete the I-485 process.
She cannot come back on a visitor's visa because of the intent issue. You may have to consular process her in as an LPR. Get the I-130 filed and mark "consular processing requested". For heaven's sake, hire a lawyer to do it right. If you had a lawyer to do what you just did, get a different one!
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You should file an I-130 See link below for details
We would be happy to help you
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
Visitor's visa requires a showing of "intent" to return to one's home country, whereas, your wife is trying to come to the U.S. to live. Therefore, visitor's visa will not be appropriate here. You should petition for your wife by filing Form I-130. Consult an experienced immigration attorney.
Contact immigration attorney Gintare Grigaite at 646-407-2331. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
Your wife will not be able to come back as a visitor due to immigrant intent issues. You will need to file the Form I-130 as soon as possible. The case will process for about 5-6 months. Upon approval the Department of State's National Visa Center will gather the necessary documents for the Immigrant Visa Process. The NVC process generally takes 2-3 months depending on the speed with which you provide documents. We are in Jacksonville Florida and would be happy to assist.
File the I-130 and go through consular processing. No she canot use a visitor's visa to return because that would be contrary to what you are trying to accomplish for her to become a permanent resident.
Madrid Crost Law Group - (888) 466-4478; e-mail: [email protected]; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.
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