Legal Question in Immigration Law in Virginia

Marrying A Foreign Domestic Worker

Hi-

Two months ago I met and married a woman who is in the States on a domestic worker visa--house girl (sorry I do not know its exact visa number/type). I am a green card holder (for 4.5 years). I want to change her visa status from that of domestic worker to permanent resident since she is my wife now.

Where do I start and how long is the process going to take. Should I wait until i become citizen , probably next year?


Asked on 1/08/03, 6:02 pm

1 Answer from Attorneys

Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: Marrying A Foreign Domestic Worker

Dear client:

my advise is to wait until you become a citizen for a couple of reasons.... number one... it will be easier and faster for you to sponsor somebody as a citizen when you file the I-130 for her. Additionally, your relationship with her will have some "history".... you have just met her and married her already!! INS may look upon your situation with suspicion as they are afraid of sham marriages and fraud. As soon as you obtain your citizenship you can file your petition for alien relative (I-130) together with the petition to adjust her status (I-485) plus all supporting documents and accompaniing forms for the affidavit of support and medical exam and so forth. Time line.... very difficult to say, it could be a couple of years depending on where you live. a different route may be necessary for you if her visa is about to expire and cannot be renewed, in which case, you should file all the above immediately. Some clients of mine have opted for Consolar Processing. this means that the alien is in her/his country of origin and the spouse files for them while they are still in their own country. it is entirely a choice dictated by your personal circumstances. It may be worth it for you to have a consultation with an immigration attorney to fully understand what are your options, especially because that attorney would be able to ask questions regarding your wife and your own situation to see if other options are available to you.

Good luck to you.

if you wish to call me for a consultation, my number is 202/271-5983. Good luck.

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Answered on 1/09/03, 8:28 am


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