Q: My niece overstayed visitor visa (since 1993) lives in Nevada, married US citizen what forms to file her greencard?
She got married in January 2017
In order to adjust status, you must fill out Form I-485, along with supporting forms and documents. This form is issued by U.S. Citizenship and Immigration Services, or USCIS.
One of the things you must include with Form I-485 is proof that you are eligible for a green card. In your case, that means proving that you are married, and that your spouse wishes to petition for you. You may have already taken care of both things if your spouse already submitted Form I-130, Petition for Alien Relative, to USCIS (with a marriage certificate) and received an approval notice. But don't worry if you haven't already done this: You can submit Form I-130, with the marriage certificate and appropriate fee, to USCIS at the same time that you submit the rest of your adjustment of status paperwork.
Also note that, because this is a family-based immigration case, the U.S. citizen spouse will need to file the Affidavit of Support on Form I-864 for the immigrant. The purpose is to show that the U.S. spouse will support the immigrant financially for approximately ten years into the future, thus avoiding the immigrant having to rely on need-based public assistance (often called welfare).
The immigrant will also need to undergo a medical exam, and include the results with the AOS paperwork.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.