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VJB9

Green Card Help

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I recently got married to someone that over stayed their visa and we are now looking into her obtaining a green card.  I may already know the answer to the help I am looking for but I just want to confirm. If I am understanding it correctly, we basically just need to fill out forms I-130,  I-485, I-864 and that nothing further is needed as she entered legally. If she had entered illegal, it looks like we would need to fill out other forms as well such an I-601. Can anyone confirm if I am correct that essentially we just need to fill out the "normal" forms. If it matters, we had dated for several years prior to being married and also do have a child together.

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You would only need to file I-601 if USCIS finds the immigrant inadmissible. You don't file it without them asking. 

 

If the immigrant was on J-1 visa with 2 year requirement that would be an issue.

Edited by OldUser
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Filed: K-1 Visa Country: Wales
Timeline

Presumably you are a US Citizen 

 

if it is a tourist visa normally is that would not be a problem

 

Any other issues?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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19 minutes ago, VJB9 said:

Yes, I am a citizen, one side of my family has been here before 1776.

 

Same process and privileges as far as petitioning spouses is concerned, whether your family has been here since 1776 or 2016.  Here's the guide --

 

 

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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