Legal Question in Immigration Law in California
My girlfriend is on a student via from vietnam, and we want to get married, what do i have to do? or what is involved?
5 Answers from Attorneys
You'll want to apply for her green card through the adjustment of status process.
Comprehensive information can be found here:
http://www.msclaw.com/Green_Card_for_Spouse.html
Assuming that you are a U.S. Citizen, and you get married in the U.S., then you should plan on applying for an I-130 immigrant visa petition for her, and an I-485 application to adjust her permanent residence would be filed concurrently with that petition. Significant forms and supporting documents should be filed with these forms, including an affidavit of support, documentation demonstrating the relationship, marriage, etc. proof that your girlfriend has maintained her status in the U.S., and make sure that she has no bars to applying for the adjustment of status (ie., a J-visa, crimes, etc.). Please note that if your girlfriend is indeed in valid F-1 student status and has maintained her F-1 status, this F-1 status requires not having an immigrant intent, and if you are intending on marrying, or have already married, it would prohibit her from traveling outside of the U.S. or working in the U.S. until you have completed the green card process, or she has at least obtained her advanced parole document (to travel and re-enter the U.S.). In order for her to legally work, she would also need to wait until her EAD work authorization was approved, or she has an OPT card, or her green card is approved.
I would be happy to assist you in this process, and can be reached at 415-387-1364 or email at [email protected].
Congratulations! That's the first order of business.
Second, if you're a U.S. citizen, you'd file an immigrant petition with application for adjustment of status consisting of several forms and back up documents, chiefly, her birth certificate and certified translation, your marriage and any prior divorce or other certificate(s) terminating those, proof of your U.S. citizenship, affidavit of support documents, which vary by the type of income or assets used to prove meeting the poverty guidelines, photos, medical exam, etc. There could be some case specific documents needed too. All is submiitted together to the Chicago lock box of the U.S.C.I.S. and an interview is scheduled at your local C.I.S. office. If you're not a U.S. citizen, then there are other alternatives that would need to be explored.
Feel free to visit me at http://www.yardum-hunter.com, write to me at [email protected] or call me at 818 609 1953.
Best Regards,
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization, A "Super Lawyer", 2004-2009, Los Angeles Magazine
Dear Inquirer:
Once you marry your girlfriend, we could file an application for her adjustment of status to green card in the US. She would be issued a work permit and optional travel document in approximately 90 days for use pending the adjustment of status interview, which would be in approximately 180 days after filing.
I recommend that you email me at [email protected] or visit www.hanlonlawgroup.com for more information.
Congratulations!
If you are a U.S. citizen or a legal permanent resident, you may file an immigrant petition for her. If you are U.S. citizen, it will take a shorter time to obtain her green card.
In a standard case where a person has entered legally and has maintained status, generally, form I-130 and I-485 would be filed at the same time. The processing time will be about 6 months and a person could receive a work permit within 3 months of filing an application. Depending on your specific case facts, you may require additional documents and applications.
Should you want to discuss your options further, kindly call me at 714 288 0574 or email me at [email protected]. We offer a FREE initial consultation and payment plans.
Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.