what option?

[duriantaste 44]

Fiancee came to USA on K1. Couple didn't marry within the 90 days. They got married after a year of her arrival. Couple has a 1yr old baby born in USA.

What option do they have? I read they need to file form I130 & 485? Do they need a lawyer?

Thanks

Edited: She is from the Philippines. He is American.

Edited February 14, 2012 by duriantaste

[Penguin_ie 5,997]

Assuming she married the original petitioner, not another guy- yes, they file I130 & 485, see here: http://www.visajourney.com/content/i130guide2 No need for a lawyer unless there are special circumstances.

[duriantaste 44]

Assuming she married the original petitioner, not another guy- yes, they file I130 & 485, see here: http://www.visajourney.com/content/i130guide2 No need for a lawyer unless there are special circumstances.

Thanks, yes she married to the original petitioner.

[southcalhog 43]

Assuming she married the original petitioner, not another guy- yes, they file I130 & 485, see here: http://www.visajourn...tent/i130guide2 No need for a lawyer unless there are special circumstances.

I read the link you posted.Does She have to go back to the Philippines or she stays here doing the filing of I-130??

[Penguin_ie 5,997]

She stays, and files I130 & 485 together. No leaving until she has her greencard, as otherwise the overstay may cause a ban.

[aaron2020 11,651]

She stays, and files I130 & 485 together. No leaving until she has her greencard, as otherwise the overstay may cause a ban.

If she leaves, there will be an ban. She married her fiancee a year after arriving in the US. With 90 days on her K-1, she has accumulated at least 180 days of unlawful presence which triggers a 3 years ban if she leaves the US before getting her green card.

You are right - it would unwise to leave the US before getting the green card.

[duriantaste 44]

She stays, and files I130 & 485 together. No leaving until she has her greencard, as otherwise the overstay may cause a ban.

I came back to ask the question you just answered. Thanks.