First And Last

Hello,

I live in San Diego, Calif. I met my girlfriend (Eug) in Dec. 2000 (almost a year
ago), in San Diego. I met her via the internet as she was looking for new friends in
this new city she was living in.

My girlfriend is from Argentina. She came to San Diego in Sept 2000 on a B-1 Visa
(temporary business visa). Eug came her with a mother and her two kids. Eug works as
a nanny, to take care of the two kids while the mother goes to school. The mother
came here on a student visa from Argentina, to enroll in a language program back in
Sept 2000. After being here for more then a year, the mother=92s student visa has
expired and she can=92t renew the student visa (it expires on Oct 18).

Eug and I have talk about getting married for several months. We wish to get married
at this time, but are unsure of the best route to take.

I am a little familiar with some of the paper work that needs to be done but specific
details are unclear. Any help on the below concerns, I would be very grateful:

a) It is unclear if we should apply for a K-1 visa or just get married and apply for
adjustment of status, since Eug is already living here in San Diego. Eug has no
criminal record, no medical problems or anything to suggest a
=93complicated=94 case.

b) It is also unclear if Eug will have to go back to Argentina at any point for this
process. I don=92t know if she has to go back to her home country for:
c) interview and/or b) filing the paper work. We really want to avoid her going back
to Argentina, as it is a added expense we really don=92t need and she is really
worried about not being able to come back here. If Eug has to go back to her home
country, when does that usually happen in this long process and general how long
does it take (assuming no problems)?

d) The general forms that I have found which we will need to file are: I-130 Petition
for alien relative =96 I fill out and file? I-485 Adjust status =96 I fill out and
file? G-325 Bio info. =96 We both fill out separate forms. Does she have to file
this in Argentina? I-864 Affidavit of Support =96 I fill out and file here? I-693
Medical exam, she has done in the US? I-765 Employment Authorization =96 She
files, in the USA or in her home country? I-131 Travel form =96 She files but in
the USA or in her home country?

Am I missing any forms. Gee, no wonder the INS has so much paper work. I sure thank
you for your help, opinions, suggestions or any insight you can offer.

-B-

Alvena Ferreira

If it was me, I would just marry and file AOS in the US...but I suggest that you use
an attorney. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================

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Michael Voight

first and last wrote:
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Actually, there is probably some complication. Perhaps not serious, but you should
have an attorney.

She entered on a B1 (Business visa)

1. She is working... This is NOT permitted on a business visa. You can use it to
attend meetings, etc, but not to work as a nanny.

2. It sounds like she has overstayed her visa?? When was her last entry into the US?
You indicated she has been here since Sept 2000.

3. Has she used any fake documents to work?? Filed a fake I-9, etc??

4. Has her employer being withholding taxes from her pay?

Michael