I was living in the UK for the past year. We came to the US on January 13th for vacation, however, I have been offered a job here in the US and we have decided to stay. For her immigration papers, etc, since she came under the Visa Waiver Program and according to the USCIS: if you are an immediate relative of a U.S. citizen(parent, spouse, widow, widower or unmarried childunder 21 years old) you can adjust your status to that of a permanent resident if you came under the VWP. So the first piece of paperwork we have to file is the I-130 Petition for an Alien Relative. Once that has been filed, does the fact that she is only allowed to stay in the US until April 13th (90 days) due to the Visa Waiver Program change so that we have time to file all the needed paperwork?
2007-02-12 06:44:55 · 4 answers · asked by Cali Dude 4 in Politics & Government ➔ Immigration
I'm an attorney who practices Immigration. Once an application has been submitted on your wife's behalf, she should be able to stay in the US until a decision has been made. My recommendation is that you file a family sponsorship packet (I-130, I-864 and I-485) for your wife. This way, the Green Card application will be processed at the same time as your petition. If the petition is approved, your wife will receive her green card shortly thereafter, instead of having to file another application and wait another 6 months for the green card. The only difficulty that Immigration may question your Immigrant intent, i.e. whether or not your wife intended to become a Green card holder when she initially entered into the US. You may want to include a offer letter of employment to show that you were not offered this position until after you arrived in the US for vacation. I hope this info helps!
2007-02-12 07:16:25 · answer #1 · answered by filipina_chick 2 · 1⤊ 0⤋
Well yes don't matter how she entrance the US jus because you are an American citizen you can file a petition as a wife...Won't be no trouble...I do recomended to go to the office and ask for a petition that you have to file for her to be able to get her green card...She will get in about 3 months a work permise and 6-9 her green card...Make sure you go to a good Lawyer that explain about her permise to be here until April it shouln't be a problem I don't see why? An example I know an American citizens marry to a person that her visa has expired and is not been a problem you have a job and are an American that is what matters the most...Truth they will want you to prove a income from you for the past tree years...So I recommend about see an a specialist in the field a good one..They always want a prove of income from the past 3 years here in the states... Thats it will be your only problem..So maybe if you see an escpecialist on Inmigration field my best thing he will recommend is that she have to go to the US INS to get extended her staying here and why? You have prove that you as a husband have a job here and that you want her here even if you can't prove your past tree years of income Understand...That is the only thing I do recommend for you to worry... Good luck!!!
2007-02-12 07:01:26 · answer #2 · answered by nena_en_austin 5 · 0⤊ 0⤋
Why isn't she getting permanent legal residency? my mom got that when she married my Dad - same situation my Dad was in the US Navy though
2007-02-12 06:57:12 · answer #3 · answered by hobo 7 · 0⤊ 0⤋
When you get into arguments, do you gloat over the US victory in the Revolutionary War?
JUST KIDDING
2007-02-12 07:00:25 · answer #4 · answered by Anonymous · 0⤊ 1⤋