Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Apr 2006
    Posts
    27

    Default married to a hunduran

    i(u.s citizen) am married to a hunduran iam pretty sure she came on a visa and had the tps. her tps expired i think last year, she was told she could not renew it no more...is there anyway she can get the green card without leaving the u.s. we have been married for 1.6 years and have a 10 month old son i dont know if that matters can anyone help?

  2. #2
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default marriage

    If she came with a visa, and is married to a U.S. citizen, she can apply for Green Card.



    Best regards,

    Alex Berd, Esq.

  3. #3
    Join Date
    Apr 2006
    Posts
    27

    Default

    how about if she did not come in with one?

  4. #4
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default marriage

    In that case, he cannot adjust his status in the U.S. He has to leave the country and consular process it... but there are certain risks involved. He will have to file an unlawful presence waiver as well...

  5. #5
    Join Date
    Apr 2006
    Posts
    27

    Default

    well that sucks...and how about that law they are trying to pass, if it does pass will she be able to get the green card?...thanks

  6. #6
    Join Date
    Apr 2006
    Posts
    27

    Default

    does it matter if she has a s.s and an id?

  7. #7
    Join Date
    Apr 2006
    Location
    Texas
    Posts
    10

    Default Re: Marriage to Immigrant with an Expired Visa

    Hi guys,

    If she came in the US legally and got married, she will be forgiven and get a greencard.

    I came here to the US with a student visa, working with practical training and shortley after i got married, my visa was expired before we filed my paperwork for greencard. I got my greencard no problem though, because I came here legally. That was what my lawyer told me... If she entered in this country illegally, I think she has to go back to her home country and proceed with the visa...

    Good luck.

  8. #8

    Default Re: Marriage to Immigrant with an Expired Visa

    HI Aya,,
    i just want to ask some more infos, i also came here in the US on a student visa and like you, it expired already last year, i got married to a US citizen this year and we had a son last year, he's 1yr already.. i just wanna ask what form did you file to the INS..thanks!

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Re: Marriage to Immigrant with an Expired Visa

    In simple terms, it sounds like you need to file an I-130 petition for Alien Relative, and I-485 application for permanent residence. In more detail, the USCIS states:
    Quote Quoting Immediate Relatives
    If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:
    • I-485, Application to Register Permanent Residence or to Adjust Status
    • G-325A, Biographic Information
    • Your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
    • I-864, Affidavit of Support
    • I-693, Medical Examination of Aliens Seeking Adjustment of Status

    All required supporting documentation as listed on the above forms. ...

    You may also submit the following forms:
    • G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer)
    • I-765, Application for Employment Authorization, if you want to work while your application is processed
    • I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed
    • I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10
    • I-601, Application for Waiver of Grounds of Excludability, if applicable

  10. #10

    Default Re: Marriage to Immigrant with an Expired Visa

    do i need to pay the $1000 for theI-485 supplement A? and can anyone explain to me if i also need to file the I-601..thanks alot in advance!!

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Marriage: Marriage to an Immigrant Whose Visa is Expiring Soon
    By coracaomelao in forum Family-Based Immigration
    Replies: 1
    Last Post: 10-21-2008, 08:27 PM
  2. Marriage: US Born Citizen Engaged To An Illegal Immigrant Whose Visa Expired
    By Cachetona in forum Family-Based Immigration
    Replies: 1
    Last Post: 05-31-2008, 05:24 PM
  3. Marriage: Marrying an Immigrant on an Expired Visa
    By bubbles2mc in forum Family-Based Immigration
    Replies: 1
    Last Post: 08-15-2007, 04:47 PM
  4. Marriage: Marriage To An Immigrant With An Expired I-94
    By njatlb in forum Family-Based Immigration
    Replies: 9
    Last Post: 12-13-2006, 10:16 AM
  5. Marriage: Marrying a Immigrant Who's Tourist Visa Has Expired
    By Tumani24 in forum Family-Based Immigration
    Replies: 1
    Last Post: 10-31-2005, 09:38 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document