Legal Question in Immigration Law in New York

I am a filipino citizen with multiple entry tourist visa, my 6 month Visitor VISA will end on Sept 16, 2010 and my US citizen boyfriend can get his divorced papers on Sept 22, 2010 and after that we will be getting married...My boyfriend wanted me to wait, My question is my status could not affect the processing of our marriages considering i will be beyond the date required to stay...Thank you

Babes


Asked on 8/06/10, 1:51 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

These matters should be discussed in private with an attorney. Here, briefly, I can say, yes, you might be able to apply for adjustment of status and obtain a green card/residency even if married/applied after expiration of your I-94 card (admission on B2 visa). Both of you must be single or divorced, and able to remarry.

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 8/11/10, 2:58 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

Hi. Usually a person can apply and receive green card through marriage to a U.S. Citizen, even after person's status expired or a person is out of status. You should consult a lawyer to make sure you in fact will be able to apply, after knowing all of the relevant information pertaining to your case spesifically.

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Answered on 8/11/10, 3:33 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Even if I-94 has expired, bona fide marriage to a U.S. citizen will allow for adjustment of status within the U.S. without paying a penalty fee. All sponsorship paperwork can be filed concurrently including petition for alien relative (to be signed by your spouse) and your adjustment of status application along with employment authorization application (both to be signed by yourself), among other paperwork such as affidavit of support, biographic questionnaire, etc.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for additional guidance.

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Answered on 8/11/10, 4:28 pm


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