The-edges

My wife and I just got married. We need to know what forms to file so she can work in the USA and eventually get her green card and bring her 7 yr old son in from Russia. She is currently here alone on an expired visitors visa from Russia. We got married on Nov. 1st. I am a US citizen by birth. Thanks in advance for all your help.

Tallon

Please see a lawyer. I am no expert, but I do believe the expired visa may
cause a problem. My best wishes to you both.

Folinskyinla

Hi:

Where is "here"? Where is she? Where are you. You say she is alone?

Please clarify.

Mrtravel

The-edges wrote:
    > My wife and I just got married. We need to know what forms to file so
    > she can work in the USA and eventually get her green card and bring her
    > 7 yr old son in from Russia. She is currently here alone on an expired
    > visitors visa from Russia. We got married on Nov. 1st. I am a US citizen
    > by birth. Thanks in advance for all your help.

In advance of her entry, did she quit her job?
Was the marriage spur of the moment or planned before her visit?
How long after entry did you marry?

lairdside

I could be wrong but my interpretation was that his wife was "alone" in the U.S. without her seven year old son.

The-edges

we are both in the USA at this time. We got married here in the USA. My wife was here since March 2002. She arrived in the USA on a tourist visa. Her son is still in Russia.

Folinskyinla

Hi:

You file an I-130/485 for her. While at it, get advance parole.

You file an I-130 for him.

You could then start the K-3 process to have travel to Russia to get her child here.

The-edges

I really appreciate the help. I am more than happy to pay you a fee if you need it for the advice. I file an I130 and I485 for my wife and an I130 for her son. Do I need to file a form (I864) showing financial ability for me? and what other misc forms will I need?? I thought there was a biographic form (G325A) for each of us to fill out.? Also does my wife or her son need a medical exam and form I693?

You mentioned the K-3 visa. Do we also file for that now or do we wait until later?

Also have a related question. I there any way to get my wife's mother over here?

jeffreyhy

Interpretations are often wrong.

One of the things that posters should learn from Folinskyinla's reponses is to provide complete, coherent, information when they ask a question.

One of the things that responders's should learn from Folinskyinla's responses is that only the OP knows what the facts are.

Regards, JEff

Paul Gani

"Folinskyinla" <member@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by The-edges
    > > we are both in the USA at this time. We got married here in the USA.
    > > My wife was here since March 2002. She arrived in the USA on a tourist
    > > visa. Her son is still in Russia.
    > Hi:
    > You file an I-130/485 for her. While at it, get advance parole.

Arrived in 3/2002, tourist visa now expired, and you recommend AP?

I'd want to get info about extensions before offering that advice!

Paulgani

Folinskyinla

Hi:

Mea culpa -- missed that one. Need to know if any changes or extensions of status.

Mrtravel

Paul Gani wrote:

    > "Folinskyinla" <member@british_expats.com> wrote in message
    > news:[email protected]...
    >
    >>Originally posted by The-edges
    >>>we are both in the USA at this time. We got married here in the USA.
    >>>My wife was here since March 2002. She arrived in the USA on a tourist
    >>>visa. Her son is still in Russia.
    >>Hi:
    >>You file an I-130/485 for her. While at it, get advance parole.
    >
    >
    > Arrived in 3/2002, tourist visa now expired, and you recommend AP?
    >
    > I'd want to get info about extensions before offering that advice!
    >
    > Paulgani

Overstays are generally forgiven, correct? as long as she doesn't leave
before AOS.

Folinskyinla

Hi:

Paul had a valid point. The other day I had a client come in about a case I'm litigating and asked why I was doing habeas corpus when in the intial conference I told them I would be doing a mandamus. I told them that as I was doing the mandamus, I changed my mind and decided that habeas was the way to go.

Mrtravel

jeffreyhy wrote:

    > I could be wrong but my interpretation was that his wife was "alone" in
    > the U.S. without her seven year old son.

Since March 2002.

I am wondering if there should also be a concern about immigration fraud
suspicion from BCIS. Did she have a fiance when she applied for her
visa? Did she quit her job to come to the US? What happened at the POE?
How long after entry did she marry? Did she get a visa extension or are
there overstay issues if she decides to leave and come back.

jeffreyhy

Mrt,

I don't know how you managed to get this quotation wrong, but for the record is was lairdside, not me, who posted "I could be wrong but my interpretation was that his wife was "alone" in the U.S. without her seven year old son."

I do not make interpretations. I (usually curtly) advise the poster try writing coherently.

Regards, JEff