Where to start to get my wife into US

[CodyM 0]

So we have just gotten a California marriage license and plan on being legally married sometime this week. My fiance is an italian here visiting on a tourist visa. I am a natural born us citizen. Her visa expires the first week of april and she is planning on returning to italy before her visa expires. We want to figure out what we have to do to get her back in the us (legally) as quickly as possible. Do I have to file all the forms for her green card at one time or is there something I can do where we can get the process started to get her here with me to begin the entire process? What forms are required initially?

Some problems I see us facing are with the fact I have no reported income and no recent w2s from the IRS. I may have a family member willing to cosponsor.

Basically we are overwhelmed, confused and dont know where to start. We want to stay together but I think her overstaying her visa would cause problems in the future so she plans on returning. What can we do? Any advice would help, thank you.

[Ning 619]

So we have just gotten a California marriage license and plan on being legally married sometime this week. My fiance is an italian here visiting on a tourist visa. I am a natural born us citizen. Her visa expires the first week of april and she is planning on returning to italy before her visa expires. We want to figure out what we have to do to get her back in the us (legally) as quickly as possible. Do I have to file all the forms for her green card at one time or is there something I can do where we can get the process started to get her here with me to begin the entire process? What forms are required initially?

Some problems I see us facing are with the fact I have no reported income and no recent w2s from the IRS. I may have a family member willing to cosponsor.

Basically we are overwhelmed, confused and dont know where to start. We want to stay together but I think her overstaying her visa would cause problems in the future so she plans on returning. What can we do? Any advice would help, thank you.

As soon as you are married you could file the initial petition for a CR 1 visa. See the guides here on V J at the top of this page. once you file the 130 form it will take many months ( 6 to 9 ) before you have to deal with the income aspects. You will need to work in a legal, tax paying manner to avoid the problems of no income. You will be able to use a co sponsor but zero income could be a serious problem as is explain why you haven't filed taxes in the past years.

[I AM NOT THAT GUY 5,715]

So we have just gotten a California marriage license and plan on being legally married sometime this week. My fiance is an italian here visiting on a tourist visa. I am a natural born us citizen. Her visa expires the first week of april and she is planning on returning to italy before her visa expires. We want to figure out what we have to do to get her back in the us (legally) as quickly as possible. Do I have to file all the forms for her green card at one time or is there something I can do where we can get the process started to get her here with me to begin the entire process? What forms are required initially?

Some problems I see us facing are with the fact I have no reported income and no recent w2s from the IRS. I may have a family member willing to cosponsor.

Basically we are overwhelmed, confused and dont know where to start. We want to stay together but I think her overstaying her visa would cause problems in the future so she plans on returning. What can we do? Any advice would help, thank you.

Since she did not enter the US with the intent to marry a USC in order to remain in the US, you could always file the I-130 petition for alien relative and the I-485 application to adjust status simultaneously, unless she wants to return to Italy and wait a year or so to return to the US.

2. If your relatives are already in the United States and

entered legally, then they may be able to file an I-485

application to adjust their status to lawful permanent resident

at the same time as you file the I-130 relative petition.

Petitions filed at the same time with permanent residence

applications (I-485) must be filed at a location that is different

from where you would file an I-130 petition by itself. Please

read the instructions for the two addresses where concurrent

filings can be mailed.

http://www.uscis.gov/USCIS/Resources/A1en.pdf

Edited March 25, 2013 by The Patriot

[CodyM 0]

Her visa expires in a little over a week. If she stayed here (past her tourist visa) wouldnt that look bad? We would prefer her to stay here but dont want her to over stay her visa and cause problems in the future. If she stayed and we filled out the I-130 and the I-485 they wouldnt care that she stayed here even though her tourist visa expired? We definately dont want her to be stuck in italy for a year but we were thinking that if we filled the forms for a cr-1 she would be able to return in 2-3 months while we completed the whole green card process?

[I AM NOT THAT GUY 5,715]

Her visa expires in a little over a week. If she stayed here (past her tourist visa) wouldnt that look bad? We would prefer her to stay here but dont want her to over stay her visa and cause problems in the future. If she stayed and we filled out the I-130 and the I-485 they wouldnt care that she stayed here even though her tourist visa expired? We definately dont want her to be stuck in italy for a year but we were thinking that if we filled the forms for a cr-1 she would be able to return in 2-3 months while we completed the whole green card process?

The only requirement is that she entered the US legally. When you file for adjustment of status, she can also file for an EAD, I-765, that will allow her to work while you are waiting for her green card.

[CodyM 0]

We thought she was here on a tourist visa but it turns out to be on the visa waiver program, would that eliminate the possibility of a adjustment of status while shes here?

[NikLR 13,227]

As long as she never intended to get married and stay, yes it's legal.

Edited March 25, 2013 by NikiR

[Apapaia 25]

Hi, I don't know as much as some people here in VJ about immigration but one piece of advice I can give you is PLEASE DON'T ever expect it to be a short process! If you think it's going to be "just a couple of months" you're very very wrong! You might be lucky and have everything done in a few months OR be "unlucky" (or more like average) and spend up to a year apart. I thought my case would take 5 months tops but I spent 9 months just to get my petition approved and I foresee another couple of months stuck in Italy before being able to go back to my husband. Don't get discouraged but know that it might be a very long process.

Also consider that if she files for AOS she won't be able to leave the States until the adjustment is complete (experts feel free to correct me at this point) but if she leaves for Italy she'll be able to come visit using the VWP.

I guess you really really need a cosponsor otherwise your petition won't be approved so try to involve more members of the family if you can. If I'm not wrong her family could cosponsor too.

Anyways welcome to VJ, here there are people very knowledgeable about the immigration process and they will help you.

Welcome to our big family!

Good luck!