N-400 and I130 for my fiance'

C

csm

Registered Users (C)
If you can help with this I will be grateful, I got my Green Card in Dec 30, 2000 through work and I will qualify to apply for my citizenship on Sep. 30, 2005. My fiancé is here on a visitor visa B2 until Nov. 10th.

We are planning on getting married in August. Can I apply the I-130 for my wife the same time I apply for my N-400 application?

If I waited till next year to apply for the I-130 (after I get my citizenship) she will be out of status and might need to leave the country.

Please advise!!!
 
I'm sure you cannot sponsor her as "the immediate relative of a citizen" until you actually are a citizen - which, depending on where you live, will be from 3 months to 2 years after you apply.

There may be something you can do as a PR, since she is already here, but somebody else will have to fill in the details.

Another thing to consider - is this: As long as she entered legally, she may not be penalized for being out of status - assuming she has no reason to have to cross the border in the next year or two - until you can file I-130 for her. This is something you should discuss with an immigration lawyer. It's somewhat iffy.

Also, I would not recommend that you file on Sept 30. Since October has 31 days, that would be 91 days before Dec 30. If your application is recieved 91 days before Dec 30, it will be denied. Wait at least until 1 October - or even 3 October - to be safe.

-Ocelot (not a lawyer)
 
Thanks Ocelot for your response. Would you know any good lawyer that can help out?

Thanks
 
csm,

I have not used the services an immigration lawyer, although my fomer employer had one that they allowed me to ask questions of - which helped when I was filing I-485 for my wife.

This forum is hosted by "Law offices of Rajiv S. Khanna". I haven't seen any complaints about his services here. You should be able to contact him by clicking on a link at the top of the page. On the other hand, you might feel more comfortable with a local immigration lawyer practicing where you live.

I would suggest that you also look at the forum related to getting a green card (which is what you want for your wife).

http://www.immigrationportal.com/forumdisplay.php?f=39

Also, download from the INS the forms I-130 and I-485 and read the instructions carefully. You may find a lot of your questions answered there.

Good luck,

-Ocelot
 
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