Marrying foreigners already in the USA
Jun 16th 2007, 2:42 am
#1
Guest
Posts: n/a
Marrying foreigners already in the USA
Hello,
Just curious. If a Green Card holder marries foreigner already living
in the USA.
1) Does the spouse have to exit?
2) If one has had only I-130 filed for (not I-485) do they still need
Advance Parole or is AP only for I-485?
Regards,
Just curious. If a Green Card holder marries foreigner already living
in the USA.
1) Does the spouse have to exit?
2) If one has had only I-130 filed for (not I-485) do they still need
Advance Parole or is AP only for I-485?
Regards,
Jun 16th 2007, 3:07 am
#2
Concierge
Joined: Apr 2001
Posts: 46,474
Re: Marrying foreigners already in the USA
2) If one has had only I-130 filed for (not I-485) do they still need
Advance Parole or is AP only for I-485?
Regards,
Advance Parole or is AP only for I-485?
Regards,
Jun 16th 2007, 3:41 am
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Marrying foreigners already in the USA
Plus, issues come up as to how the foreigner entred the USA, what their current status is in the USA, whether a ban would be in place of the foreigner leaves the USA....
The OP didn't give any details.
Rene
The OP didn't give any details.
Rene
Jun 16th 2007, 4:21 am
#4
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,182
Re: Marrying foreigners already in the USA
AFAIK, the foreigner has to maintain independent legal status if he/she wants to remain in the US whilst they wait for the I-130 to be approved. Once that is approved, I-485 and associated petitions (i.e. I-765 + I-131) can be filed
Jun 16th 2007, 5:18 am
#5
Guest
Posts: n/a
Re: Marrying foreigners already in the USA
On Jun 16, 11:07 am, Rete <[email protected]> wrote:
> > Hello,
>
> > Just curious. If a Green Card holder marries foreigner already living
> > in the USA.
>
> > 1) Does the spouse have to exit?
> > 2) If one has had only I-130 filed for (not I-485) do they still
> > need
> > Advance Parole or is AP only for I-485?
>
> > Regards,
>
> Yes, as the filing of the I-130 does not give them legal right to reside
> in the US. They will have to wait to file the I-485 until the I-130 is
> approved and their number becomes current.
>
> Yes, it is only for I-485. I-130 does not give rights to travel, work
> or reside in the US.
Thank you for your response.
Person in question was already in the US (legally) for two years
before I-130 filed.
> > Hello,
>
> > Just curious. If a Green Card holder marries foreigner already living
> > in the USA.
>
> > 1) Does the spouse have to exit?
> > 2) If one has had only I-130 filed for (not I-485) do they still
> > need
> > Advance Parole or is AP only for I-485?
>
> > Regards,
>
> Yes, as the filing of the I-130 does not give them legal right to reside
> in the US. They will have to wait to file the I-485 until the I-130 is
> approved and their number becomes current.
>
> Yes, it is only for I-485. I-130 does not give rights to travel, work
> or reside in the US.
Thank you for your response.
Person in question was already in the US (legally) for two years
before I-130 filed.
Jun 16th 2007, 5:20 am
#6
Guest
Posts: n/a
Re: Marrying foreigners already in the USA
On Jun 16, 11:41 am, Noorah101 <[email protected]>
wrote:
> > Yes, as the filing of the I-130 does not give them legal right to
> > reside in the US. They will have to wait to file the I-485 until the
> > I-130 is approved and their number becomes current.
>
> > Yes, it is only for I-485. I-130 does not give rights to travel, work
> > or reside in the US.
>
> Plus, issues come up as to how the foreigner entred the USA,
F1 in 2004. Expired Dec 2006.
what their
> current status is in the USA,
Had I-130 filed for before F-1 expired.
whether a ban would be in place of the
> foreigner leaves the USA....
>
> The OP didn't give any details.
She can get a G-4 through me, but if I get a green card, I'd need to
adjust her status. I've heard of something called 'following-
benefits'. I'm asking about advance Parole as she may have to exit
for a week or so to get her G-4. I was curious as to wether a
6month-5 year exit was mandatory for foreigners that marry a LPR.
wrote:
> > Yes, as the filing of the I-130 does not give them legal right to
> > reside in the US. They will have to wait to file the I-485 until the
> > I-130 is approved and their number becomes current.
>
> > Yes, it is only for I-485. I-130 does not give rights to travel, work
> > or reside in the US.
>
> Plus, issues come up as to how the foreigner entred the USA,
F1 in 2004. Expired Dec 2006.
what their
> current status is in the USA,
Had I-130 filed for before F-1 expired.
whether a ban would be in place of the
> foreigner leaves the USA....
>
> The OP didn't give any details.
She can get a G-4 through me, but if I get a green card, I'd need to
adjust her status. I've heard of something called 'following-
benefits'. I'm asking about advance Parole as she may have to exit
for a week or so to get her G-4. I was curious as to wether a
6month-5 year exit was mandatory for foreigners that marry a LPR.
Jun 16th 2007, 5:37 am
#7
Concierge
Joined: Apr 2001
Posts: 46,474
Re: Marrying foreigners already in the USA
Jun 16th 2007, 6:57 am
#8
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,182
Re: Marrying foreigners already in the USA
On Jun 16, 11:41 am, Noorah101 <[email protected]>
wrote:
> > Yes, as the filing of the I-130 does not give them legal right to
> > reside in the US. They will have to wait to file the I-485 until the
> > I-130 is approved and their number becomes current.
>
> > Yes, it is only for I-485. I-130 does not give rights to travel, work
> > or reside in the US.
>
> Plus, issues come up as to how the foreigner entred the USA,
F1 in 2004. Expired Dec 2006.
what their
> current status is in the USA,
Had I-130 filed for before F-1 expired.
whether a ban would be in place of the
> foreigner leaves the USA....
>
> The OP didn't give any details.
She can get a G-4 through me, but if I get a green card, I'd need to
adjust her status. I've heard of something called 'following-
benefits'. I'm asking about advance Parole as she may have to exit
for a week or so to get her G-4. I was curious as to wether a
6month-5 year exit was mandatory for foreigners that marry a LPR.
wrote:
> > Yes, as the filing of the I-130 does not give them legal right to
> > reside in the US. They will have to wait to file the I-485 until the
> > I-130 is approved and their number becomes current.
>
> > Yes, it is only for I-485. I-130 does not give rights to travel, work
> > or reside in the US.
>
> Plus, issues come up as to how the foreigner entred the USA,
F1 in 2004. Expired Dec 2006.
what their
> current status is in the USA,
Had I-130 filed for before F-1 expired.
whether a ban would be in place of the
> foreigner leaves the USA....
>
> The OP didn't give any details.
She can get a G-4 through me, but if I get a green card, I'd need to
adjust her status. I've heard of something called 'following-
benefits'. I'm asking about advance Parole as she may have to exit
for a week or so to get her G-4. I was curious as to wether a
6month-5 year exit was mandatory for foreigners that marry a LPR.
You need advice from an experienced immigration attorney as a matter of urgency:
www.ailalawyer.com
Jun 16th 2007, 7:35 am
#9
Guest
Posts: n/a
Re: Marrying foreigners already in the USA
On Jun 16, 10:42 am, [email protected] wrote:
> Hello,
>
> Just curious. If a Green Card holder marries foreigner already living
> in the USA.
>
> 1) Does the spouse have to exit?
> 2) If one has had only I-130 filed for (not I-485) do they still need
> Advance Parole or is AP only for I-485?
>
> Regards,
If the foreign spouse resides in the U.S., it would then be possible
to submit a petition for permanent residency and an application for
adjustment of status. The papers filed can include applications for
employment authorization (EAD) and a travel permit (Advance Parole).
The USCIS issues the employment authorization and temporary travel
permit early in the process.
The USCIS may examine identification, wedding photographs, and
documents such as tax returns and insurance documents, and interview
the couple to establish the legitimacy of the marriage. An affidavit
of support from the petitioning spouse is also necessary.
The U.S. permanent resident needs to prove that the marriage was not
entered into for the sole purpose of obtaining a Green Card. The
burden is on the parties to establish the real marriage. At the same
time, the foreign spouse should submit Form I-485 application, Green
Card-type photographs, and numerous other USCIS forms, plus USCIS
filing fees.
- http://www.greencardfamily.com/resid...e_location.htm
> Hello,
>
> Just curious. If a Green Card holder marries foreigner already living
> in the USA.
>
> 1) Does the spouse have to exit?
> 2) If one has had only I-130 filed for (not I-485) do they still need
> Advance Parole or is AP only for I-485?
>
> Regards,
If the foreign spouse resides in the U.S., it would then be possible
to submit a petition for permanent residency and an application for
adjustment of status. The papers filed can include applications for
employment authorization (EAD) and a travel permit (Advance Parole).
The USCIS issues the employment authorization and temporary travel
permit early in the process.
The USCIS may examine identification, wedding photographs, and
documents such as tax returns and insurance documents, and interview
the couple to establish the legitimacy of the marriage. An affidavit
of support from the petitioning spouse is also necessary.
The U.S. permanent resident needs to prove that the marriage was not
entered into for the sole purpose of obtaining a Green Card. The
burden is on the parties to establish the real marriage. At the same
time, the foreign spouse should submit Form I-485 application, Green
Card-type photographs, and numerous other USCIS forms, plus USCIS
filing fees.
- http://www.greencardfamily.com/resid...e_location.htm
Jun 16th 2007, 10:01 am
#10
Joined: Apr 2002
Posts: 35,082
Re: Marrying foreigners already in the USA
If the foreign spouse resides in the U.S., it would then be possible
to submit a petition for permanent residency and an application for
adjustment of status. The papers filed can include applications for
employment authorization (EAD) and a travel permit (Advance Parole).
The USCIS issues the employment authorization and temporary travel
permit early in the process.
Not that you ever come back to read your follow ups.
Jun 16th 2007, 12:06 pm
#11
Guest
Posts: n/a
Re: Marrying foreigners already in the USA
On Jun 16, 1:37 pm, Rete <[email protected]> wrote:
> > She can get a G-4 through me, but if I get a green card, I'd need to
> > adjust her status. I've heard of something called 'following-
> > benefits'. I'm asking about advance Parole as she may have to exit
> > for a week or so to get her G-4. I was curious as to wether a
> > 6month-5 year exit was mandatory for foreigners that marry a LPR.
>
> Mandatory? Or are you talking about a ban?
Meaning that will she banned from the US if we were to marry and get
her a G4, (and then later on her Green Card)?
The International Organization that I work for would do the
petitioning I'm assuming.
> > She can get a G-4 through me, but if I get a green card, I'd need to
> > adjust her status. I've heard of something called 'following-
> > benefits'. I'm asking about advance Parole as she may have to exit
> > for a week or so to get her G-4. I was curious as to wether a
> > 6month-5 year exit was mandatory for foreigners that marry a LPR.
>
> Mandatory? Or are you talking about a ban?
Meaning that will she banned from the US if we were to marry and get
her a G4, (and then later on her Green Card)?
The International Organization that I work for would do the
petitioning I'm assuming.
