North Las Vegas, NV asked in Immigration Law for Nevada

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

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: 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.

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