Gooner26

Hi there everyone! First time back since my own Green card got approved back in March...

I have a friend who is a USC working as a teacher in El Salvador. She met a doctor who is national of Guatemala some time ago and now they plan on marrying.

They want to get married in El Salvador and reside there for a year or so before coming back state side. Do they have to file the same forms I did for my marriage to my USC wife (I was in the US already on a visa)... I485, I130 etc etc...or does it differ becasue they plan to marry outside the US then come here - so she'd be bringin him back as her spouse and theres no change of status involved?

My friends situation differs quite alot to mine so I thought I'd check back in with you fine folks

Thanks!

Noorah101

After they are married, she will file only the I-130 (no 485 plus supporting documents). If possible, she should look into doing Direct Consular Filing in El Salvador while they are both still living there.

He will become a US PR upon entry to the USA, with no further adjustment of status necessary.

Rene

Gooner26

Hi Noorah, thanks!

So am I right in thinking they would just need to file forms and fees for:

130 - petition
864 - med
765 - employment
G325 - geographics

Ill get her to look into the DCF.

Thanks!

Noorah101

If she files to a service center in the USA, she'd file just the I-130 plus whatever supporting documents it asks for (G-325A from each person is one requirement).

The I-864 is the Affidavit of Support (not the medical), and it would come at a later stage.

The I-765 for EAD would not be necessary because the immigrant enters the USA on an Immigrant Visa and becomes a US PR from Day 1, with full rights to live and work in the USA, with no further paperwork necessary.

Rene

Gooner26

The I-864 is the Affidavit of Support (not the medical), and it would come at a later stage.

Oooops - thats right, I meant 693!

Thanks Rene. Ill pass all your words of wisdom on to her.

Noorah101

The medical is done by an approved doctor in the home country....I do not know what form they use there, but it's not something the USC or the Immigrant supplies. The doctor has everything he needs already to perform the medical.

Rene

meauxna

Hey Gooner, long time
You could send her the first link from my signature; it explains DCF. I've read pretty good things about working through the Consulate in San Salvador. I think the I-130 name check gets run in Mexico, but it came back quickly on the last 2 reports I read. She should plan on about 4 or 5 months before they want to depart, to start her filing.
IMO she should start studying in detail now; it will go all the easier if she has maintained her ties in the US etc. Remind her she still needs to file her US income tax returns. I hope she enjoys her time in C America!