Q: I filed I-130 for my spouse who is lawfully visiting US, what do I need to do to enable them to stay while we wait
Current time left here is 11 days per I-94.Do I have to file I-485? or do I have to file 129F to get a K-3 Visa? Once I file can they stay?
A: This is not a simple question or answer. You should do a consultation with an immigration attorney to discuss your situation and any potential problems. I know time is of the essence for you but many attorneys offer phone/virtual consultation and you can speak with an attorney who is located anywhere in the USA (not just where you are located). Best wishes!
A: Assuming you are a U.S. Citizen, which is not something mentioned in your fact pattern, your spouse may be eligible to apply for adjustment of status whether filed before or after the expiration date of his/her I-94 card. A consultation with a competent and experienced immigration attorney is recommended. In the privacy of a consultation, the attorney could not only review basic eligibility requirements for adjustment of status, but also review whether any possible grounds of inadmissibility (legal obstacles) apply, such as past negative criminal or immigration history. As another colleague pointed out in her response, many attorneys offer online video or telephonic consultations, particularly since the onset of the COVID-19 pandemic.
A: Are you a US Citizen? Did you get married overseas? Is she on ESTA or a B2? You should have a free consultation with an immigration attorney here in Florida.
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