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PDF Editor FAQ

What form do I need to fill out to petition for my alien spouse together with I-130, I-130A and 129F?

Everything that you need to know is on the USCIS I-130 webpage. It gives you the instructions including what to submit for forms, instructions, supporting documents, where to file, and filing fee.By including the I-129F, you would be filing for a K-3 visa. If you look at the USCIS’ website for a K-3 visa, USCIS does not see the need for them anymore. This is because it takes about the same time to adjudicate the I-130 and the I-129F. Therefore, I would not include the I-129F. You will get an IR-1 or CR-1 visa based on how long you have been married. The IR-1?CR-1 visas are much better than a K-3 anyways as they are immigrant visas where you become a permanent resident right away, get green card right away and do not need to adjust status.Besides the I-130 and I-130A, other forms that you can include are the Form G-1145, E-Notification of Application/Petition Acceptance (PDF, 238 KB) and G-1450, Authorization for Credit Card Transactions, if you want to pay the USCIS filing fee with a credit card. Check and money order also accepted.Again, be sure to review the I-130 instructions for what other supporting documents are required.You can either self file like you are proposing, hire a visa consultant or an immigration attorney.I write free information and articles on the US fiancé and spouse visa processes along with adjusting to new life in the USA on my website and blog. See my website and blog in my biopage.

Can I migrate to the USA by getting married to an American girl? How long would it take to get a spouse visa right after marriage?

Disclaimer: I'm not a lawyer...This is assuming she is a US citizen and you are not currently in the US. If she is not a US citizen, or if you were visiting her in the US (on a legal non-immigrant visa) and you decided to get married all a sudden the process is a little different. You can read all about the alternatives here: www.uscis.govUnless you have some complex personal history, can't pass a background check, or cannot follow simple instructions there's no reason to pay for an immigration attorney. My wife immigrated to the U.S. after we got married; no expensive lawyer needed. Just read and follow the instructions and keep copies of EVERYTHING (including copies of your application before you mail it).All the forms and instructions are available online.For a fiancé, the U.S. citizen has to file form I-129(f) with USCIS. For a spouse, the U.S. citizen has to file forms I-130 and I-129(f).Always read the pdf instructions for every form! They will tell you what additional forms and documents you need to submit to complete your application. You should also read the instructions for I-765 (employment authorization) and I-131 (travel authorization). Often you can submit these forms with your initial application. That way, you will be able to get a job and travel while your application for a green card is in progress. If you complete I-131 you will want "advance parole" and will have to give a reason. An acceptable reason could be "need permission to travel for potential future travel. For example, may have to visit my family in country X on short notice in the case of a family emergency."You can read about it on the USCIS pages here:How to help a relative of a US citizen become a permanent resident - www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdfForm I-129(f) - www.uscis.gov/i-129fForm I-130 - www.uscis.gov/i-130Form I-131 - www.uscis.gov/i-131Form I-765 - www.uscis.gov/i-765The current wait time for an I-129(f) to be processed is ~6 months - https://egov.uscis.gov/cris/processTimesDisplayInit.do

What are the options for an immigrant brought to the US at a young age?

There aren't many, short answer. Go onto the USCIS website and start researching. And most importantly see an immigration lawyer. They can assist you best.DACA is the number one option she should look into if she hasn't already. She would need to gather proof of everything. DACA is temporary (no status) for two years to be able to legally drive and work. It gives a temporary social security from Homeland security. She would need to renew it every two years.Consideration of Deferred Action for Childhood Arrivals (DACA)You may request DACA if you:Were under the age of 31 as of June 15, 2012;Came to the United States before reaching your 16th birthday;Have continuously resided in the United States since June 15, 2007, up to the present time;Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;Had no lawful status on June 15, 2012;Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; andHave not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.She could look into joining the military through the MAVNI program which is probably the best bet.MAVNIBasic requirements:Applicants must be in one of the following categories at the time of their enlistment:Non-immigrant categories E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U or VAsylee, refugee, Temporary Protected Status (TPS)Deferred Action for Childhood Arrivals (DACA)Applicants must legally reside in the United States for a minimum of two years prior to joining the Army (excluding DACA) without a single absence from the country lasting longer than 90 daysApplicants must have a high school diploma and a qualifying score on the Armed Forces Qualification Test (AQFT)In order to do this option she must either have a specific skill that the armed forces needs, or a language they need. It has to be on their list.HEALTH CARE PROFESSIONAL SPECIALTIESHealth care professionals must have qualifying scores on an English language proficiency test and be fully licensed in the United States.ACTIVE DUTY MEDICAL SPECIALTIESComprehensive Dentist, Oral Surgeon, Preventive Medicine, Anesthesiologist, Pediatrician, Psychiatrist, Internal Medicine, Family Medicine, General Surgeon, Emergency Medicine, Nuclear Medical ScienceOfficer, Entomologist, Psychiatric Nurse Practitioner, Nurse AnesthetistARMY RESERVE MEDICAL SPECIALTIESGeneral Dentist, Comprehensive Dentist, Prosthodontist, Oral Surgeon, Preventive Medicine, Urologist, Anesthesiologist, Ophthalmologist, Otolaryngologist (ENT), Psychiatrist, Internal Medicine, Family Medicine, General Surgeon, Thoracic Surgeon, Orthopedic Surgeon, Emergency Medicine, Entomologist, Licensed Clinical Psychologist, Physician Assistant, Psychiatric Nurse PractitionerFor Army Reserveonly: health care professionals in their final year of residency may be eligible to apply to the MAVNI program.Medical Professional PDFCRITICAL LANGUAGESApplicants must have a qualifying score on a proficiency test in his or her native language.CURRENT LANGUAGES RECRUITEDAlbanian, Amharic, Arabic, Azerbaijani, Bengali, Bulgarian, Burmese, Cebuano, Cambodian-Khmer, Chinese, Czech, French (with citizenship from an African Country), Georgian, Haitian Creole, Hausa, Hindi, Hungarian, Igbo, Indonesian, Kashmiri, Korean, Kurdish, Lao, Malay, Malayalam, Moro (Tausug/Maranao/Maguindanao), Nepalese, Pashto, Persian Dari, Persian Farsi, Polish, Portuguese, Punjabi, Russian, Sindhi, Serbo-Croatian, Singhalese, Somali, Swahili, Tagalog, Tajik, Tamil, Thai, Turkish, Turkmen, Ukrainian, Urdu (with citizenship from Pakistan or Afghanistan), Uzbek, YorubaHer two children have birthright citizenship. But there are specific rules for this, and it's a long wait. The child would need to turn 21 before being able to petition on her behalf. However most of the advise on this applies if you came to the US legally. So you can't really relate the advise you find to someone who entered without inspection. she would need to speak to an experienced immigration lawyer to see if this is a viable option.Green Card for an Immediate Relative of a U.S. CitizenMarriage usually comes up. But honestly, I have gotten advise from four different lawyers on the subject of marrying an American citizenship. They told me it doesn't work. Nolo did a good job of explaining. Most lawyers stay away from this method.Can an Illegal Immigrant Get a Green Card Based on Marriage to a U.S. Citizen? | Nolo.comIf you enter the U.S. as an undocumented entrant, you face an entirely different situation than the one described above. As a legal punishment for your unlawful entry, you will not be able to apply for a green card within the United States. Your U.S. citizen spouse can file Form I-130 only, as mentioned above, with USCIS. Once approved, that petition will be forwarded to the consulate located in or near your home country, where you will need to go for further processing.However, a potential hurdle could arise after you arrive at the consulate. Once an undocumented entrant enters the U.S., stays for more than six months and then leaves, he or she triggers a three- or ten-year bar on reentry, as described in, "Consequences of Unlawful Presence in the U.S. -- Three- and Ten-Year Time Bars."If you are barred from reentry to the U.S., your only way to enter or be approved for a green card is likely to request a waiver of your reentry bar. There are two ways of doing this.The first is only available to immediate relatives of U.S. citizens. It involves submitting a provisional waiver application to USCIS on Form I-601A before departing the United States for the consular interview at which the immigrant visa (in essence, a green card) can be granted. You will need to prove that, if denied the waiver and visa, your U.S. citizen spouse or parent would suffer extreme hardship as a result. The provisional waiver is a relatively new procedure, begun March 4, 2013. For details, see Nolo’s articles on ” Who Is Eligible for Provisional Waiver of Three- or Ten-Year Time Bar” and ” How to Apply for Provisional Waiver of Three- or Ten-Year Time Bar.”Applicants who aren't eligible to submit a provisional waiver application will need to be ready, after the consular interview in their home country, to file Form I-601, Application for Waiver of Grounds of Inadmissibility, with USCIS. In your case, you would most likely base the request on the extreme hardship that your U.S. citizen spouse or, if applicable, your U.S. citizen children would suffer if you were denied the green card (immigrant visa). If this waiver is denied, however, you would be barred from returning to the U.S. for either three years (if your period of unlawful presence in the U.S. was 180 days or more) or ten years (if your period of unlawful presence was one year or more).In any case, as an undocumented entrant, you should consult an immigration attorney before your U.S. citizen spouse files any petition on your behalf or you leave the United States. This type of case can be extremely difficult.In other words, marrying an American does not led to a green card if you are undocumented. However, there is hope if the person in question is a Cuban native.Green Card for a Cuban Native or CitizenFamily Member of Cuban Native or Citizen Applying Under the CAAThe spouse and child(ren) of an individual applying for a green card under the CAA may also apply for benefits under the CAA regardless of their country of citizenship or place of birth, if:The relationship continues to exist until the dependent spouse or child receives a green cardThey are residing with the individual applying for a green card under the CAA in the United StatesThey apply for a green card under the Cuban Adjustment ActThey are eligible to receive an immigrant visaThey are otherwise admissible to the United States for such permanent residenceNote: A child is defined as being unmarried and not having reached the age of 21 years old. Step-children, adopted children, and children born out of wedlock may qualify as a child for purposes of CAA adjustment if the claimed parent-child relationship meets the requirements specified in Section 101(b)(1) of the INA.Victims of Criminal Activity: U Nonimmigrant StatusYou may be eligible for a U nonimmigrant visa if:You are the victim of qualifying criminal activity.You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.The crime occurred in the United States or violated U.S. laws.You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.Depending on what country she is from and the situation she might be able to apply for TPS (also temporary status). This is highly specific and she would need to speak with an experienced lawyer to see if she would qualify.Temporary Protected StatusThere is also the the Immigrant Investor Program or EB-5. She would need to invest in or be a business owner that creates at least 10 full time jobs for American citizensAll EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise:Required minimum investments are:General. The minimum qualifying investment in the United States is $1 million.Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

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