Hi everyone,
I (Green Card holder) have been trying to find a post regarding this but unfortunately I am full of uncertainty about it, so I will try to summarize my situation.
3 weeks ago my Fiancée entered the US with an ESTA to see me for 2 weeks as a vacation plan, given that her current job is not allowing her to have any more PTO. She previously visited me 5 months ago and I did 1 month ago on Germany too (She's German, I am originally French), we agreed on redistributing our PTO allowance to visit each other while the other remains working at home to keep us company for the most time possible. We've been long-distance and engaged for 6 months. We know each other from more than a year ago through an online game.
It's come to a point which I had to ask her the day before she left to please not take the flight back to Germany and to stay with me a bit more, the anxiety and pain from being able to share two weeks together to later have a period of 2 months on my own repeatedly for years is affecting me heavily, she also broke down completely, and agreed to stay despite the consequences with her job and residency back in Germany.
She is currently with me, and on an ESTA she would need to return before the 90th day. I've been looking ever since this event to get as much knowledge as possible to go through the most efficient route for forming a life together here in USA.
I've seen that it is possible to file for an I-485 with an I-130, however in the guide post, it is mentioned on the
Assembling the I-130 Package: Checklist that you need
4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
Which on my eyes mean that it's mandatory to be a US citizen for filing I-130... However on the government webpage I-130 USCIS, the checklist includes
Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status
and this can be used as evidence:
A copy of the front and back of your Permanent Resident Card (also known as a Green Card or a Form I-551).
Can someone help me understand if I'm in the wrong, and I need to go through naturalization first (which I am 4 months away from filing and 10 months away from getting, depending on the processing times), or if this option is completely valid for us to follow even if I am just a Green Card holder?
Would I need an inmigration lawyer for this case?
Is there any recommendation/anything I am missing out?
Thank you
