Legal Question in Immigration Law in California

My husband and I were married in Ghana a few months ago, can I apply for the I-130 petition here while staying on a visitors visa, do I have to have a resident visa to file it? Or, do I have to return to California in order to file it?

Asked on 8/17/13, 12:13 am

2 Answers from Attorneys

Michael Cho Law Offices of Michael Cho
0 users found helpful
0 attorneys agreed

You may file while you are there, but the actual petition must be filed with the USCIS office located here in the U.S.

You may find more information about the I-130 process on my web site here:

http://www.smartimmigrationlawyer.com/spouse-visa/spouse-visa-intro/

Read more
Answered on 8/17/13, 12:16 am
Armen Tashjian Law Offices of Armen M. Tashjian
0 users found helpful
0 attorneys agreed

If you got married in Ghana and came to the US as a visitor then you may be accused of having committed a visa fraud. Your true intent was to come to the US as a permanent resident, whereas your tourist application was for a temporary visit. I strongly advise you to consult with a lawyer to plan your next move before you do something uninformed and get yourself in trouble.

Good luck.

Read more
Answered on 8/17/13, 8:47 am

Related Questions & Answers

More Immigration Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88403 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Charles AspinwallCharles S. Aspinwall, J.D., LLCLos Lunas, NM
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now