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We are both in our 30s and she came here to get a second degree. She is currently on her OPT but that will run out in the summer and I don't think I want to move with her overseas. We have been together for 2 1/2 years.

What Visa do I have to file for her since she is already here? Looking online, all I can find is Visa applications for a US citizen who married someone while they were overseas and want to bring the fiancee or spouse into the US.

2006-12-29 03:56:18 · 6 answers · asked by dougzinboston 4 in Politics & Government Immigration

6 answers

Just marry her and then do a Change of Status of Alien Relative...this cost like $180..then she will have to do all her paperwork...in all it will cost you about 1K to get her work permit...Go to the Department of Homeland Security web page and on the Immigration page there will be a link of questions and that question is on there...good luck...it is easy...just pricey...the physical alone cost $380 I think...

2006-12-29 04:09:43 · answer #1 · answered by Anonymous · 1 1

You are not finding what you want because you are asking the wrong question.
You do not want another VISA, you want to adjust her status. Go to the CIS website and find the I-130 forms and affidavit of support and go from there.
It is not overly complex, and you may not need an attorney.

However, you can always complete the forms and then pay a consult to an attorney to review your paperwork. As opposed to having them do the paperwork, which is more expensive. Get the price up front.

Be forewarned, if you two DO get married - she is now an "intending immigrant". If she leaves the US before the adjustment paperwork is completed and approved, she may not be allowed back in. So what you do, (if she wants to go home, or leave the country on a your honeymoon) is ALSO file a petition for advanced parole.

That will allow her to come and go into the US, while they are working on her paperwork.

So CIS website, I-130 adjustment of status, and advanced parole if she wants to leave the country and come back before the paperwork is approved.

Good luck

2006-12-29 05:57:53 · answer #2 · answered by t S 4 · 1 1

It can be expensive but the best route is to get an immigration attorney. There is a lot of paperwork to be filed whichever way you go. And any mistakes and you have to go all over it again. I got my green card because I married an American citizen. As a fiancee, she has no different route of going to any other non-citizen. Once you are married, there is a lot easier route. If I can help with any advice, email me, its on my profile.

2006-12-29 04:07:19 · answer #3 · answered by Elizabeth Howard 6 · 1 1

given which you're married, you will possibly no longer record as unmarried as one uninformed reaction claims. Your in basic terms possibilities are Married submitting at an analogous time and Married submitting one after the other. in the adventure that your important different has an analogous opinion to be concern to US taxation on her worldwide-huge earnings you could record a joint return. you ought to attach a joint signed fact on your joint return testifying to that fact. of path, you ought to record by employing mail. distant places pupils legally analyzing in the U. S. have an SSN. it is not valid for artwork without DHS permission yet is valid for submitting US tax returns. If she does not have one, she needs to word for one. on condition that she's eligible for an SSN she will't be issued an ITIN. If she's no longer right here legally she will word for an ITIN by employing attaching a carried out type W-7 alongside with qualified copies of her evidence of identity to the 1st tax return that demands an ITIN. Mail the finished equipment to the tackle on the W-7. in case you record MFS, she will nonetheless choose an SSN or ITIN on condition that she is bodily cutting-edge in the U. S..

2016-10-06 04:11:59 · answer #4 · answered by ? 4 · 0 0

You need to apply for a Fiancee Visa.

2006-12-29 04:02:02 · answer #5 · answered by Darren 7 · 0 2

unless the rules have changed within the last five years...

she'll have to leave and come back in on a K1 visa

2006-12-29 03:58:59 · answer #6 · answered by curious_One 5 · 0 1

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