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?
2 Answers from Attorneys
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/
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.
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