My wife and I got married February 15. Her J-1 visa expires March 5th. Is it ok if we file the I-130 form after her visa expires? Supposedly she gets a month after her visa expires, but we would like to know if we need to rush to get it done now (living a state away until her program ends in March.)
You first need to determine whether she is subject to the 2-year foreign residency requirement. Then what you file when will be based on whether you are a US citizen or permanent resident. Consult with an immigration attorney for a full analysis of your case.
It's likely that this would fall under the petty offense section, but you need to consult with an immigration attorney for a full review of your case. If at all possible, this charge needs to be resolved prior to your interview. USCIS will not approve an application with a pending criminal charge
Previous marriage ended in separation a year he received his green card. I was to finalize the divorce in Oct 2017. I was never able to reach him since he left home and I never heard back from him. Would it complicate things if I want to file a petition for my soon to be husband?
You would need to check with an immigration attorney in Canada; admittance would be based on Canadian law. If you ever hope to re-enter the U.S. you will need to consult with both a criminal defense and immigration lawyer.
a holiday in August. Can we apply for a tourist visa and a spouse visa at the same time, or can the spouse visa only be applied for afterward? Or will she not be able to travel to the US at all on a travel visa? As a note, I am a native-born US citizen.
Technically you could start the spousal visa process now and still apply for a visitor visa. If the visa is granted, there is still no guarantee of admittance by CBP. If you are admitted, as long as you leave on time and still process your immigrant visa through the consulate, there's no...Read more »
If you can navigate the practical issues of getting him to sign immigration petitions and can get his documents (birth certificate, judgments, etc.), there is no statutory prohibition against someone in jail filing an immigration petition. As you mention, you would need a joint sponsor.
You need to hire an immigration attorney who can file a motion for an immigration bond once any criminal bond is handled. He will most likely be referred to immigration court for removal proceedings. An immigration attorney can determine whether he is eligible to file any applications to remain...Read more »
You did not actually ask a question, but my recommendation is to hire an immigration attorney to prepare you for and accompany you to the interview. The most likely reason for the second interview is suspected fraud.
Can I marry him in USA and apply for conditional GC or should I go back and apply from my home country. I had my h1b visa stamped earlier.(2008 to 2011), but I never used it. Its not that I am getting married immediately but can I get married within in my 6 months of stay.
Possibly, yes. The specific facts make all the difference in determining the exact process that would apply to your case. You would need to have a full consultation with an immigration attorney to get a fully analysis.
I’m f1 holding since Setember 2017 (esl), I got married with a American citizen in October 2018. Can I stop go to school? I’m about to send papers, but I’ll not be able to pay for school anymore, once I’ll have taxes and lawyer pay. I’m really concern about that once I’ve been doing... Read more »
If you are eligible for adjustment of status, once you file the application you are legal to remain in the U.S. and may receive temporary employment authorization. I suggest consulting with an immigration attorney who can fully analyze your case prior to submitting anything to USCIS.
My fiancee had a F1 Visa and she was enrolled in a English class for 9 months did she need to provide a police certificate from The USA or only from her home country when she will be called for the K1 visa interview ?
To Travel back to USA so I got a lawyer and left him a power of attorney paper to fininsh my marriage here in Egypt, my question is with doing that is my marriage valid to immigration to apply for my husband CR-1
I highly advise having a full consultation with an immigration attorney. The U.S. does not recognize proxy marriages. If that is what occurred, you will have problems with immigration when you try to file the spousal petition.
To be eligible to apply for naturalization after 3 years of permanent residency rather than 5, you must have been married to and living with your U.S. citizen spouse for 3 years since becoming a permanent resident. If your spouse was an LPR part of the time, you must wait until it has been 3 years.
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