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Marriage to Immigrant with an Expired Visa

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  • 04-24-2006, 10:36 AM
    samuel_01
    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?
  • 04-25-2006, 05:28 PM
    Alex Berd, Esq.
    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.
  • 04-26-2006, 07:07 AM
    samuel_01
    how about if she did not come in with one?
  • 04-26-2006, 08:59 AM
    Alex Berd, Esq.
    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...
  • 04-26-2006, 11:38 AM
    samuel_01
    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
  • 04-27-2006, 10:24 AM
    samuel_01
    does it matter if she has a s.s and an id?
  • 05-02-2006, 10:24 AM
    Aya
    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.
  • 09-21-2006, 12:27 PM
    venbartolome
    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!
  • 09-21-2006, 12:54 PM
    aaron
    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

  • 09-23-2006, 05:01 PM
    venbartolome
    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!!
  • 09-23-2006, 05:56 PM
    aaron
    Re: Marriage to Immigrant with an Expired Visa
    Read the post above yours, and follow the links. The links will take you to the USCIS site with the correct filing fees, and the post details what you must file and what you may file.
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