A Friend needing help

[chilton747]

My friend has been married to his wife for about 7 years. She is here on a work visa and has been for the last 9 years or so.

My friend is wanting to get her a green card but they are afraid that she will have to go back to her home country and wait.

Does anyone know of any way they could do this without her having to leave the USA and wait?

[dnoblett]

No need to return home.

 

Simply file I-130 AND I-485 as well as I-765 and I-864 together to adjust status.

 

The Whole package gets sent to the PO box in Chicago specified by I-485.

 

Fee is $355 for I-130, and $1010 for I-485+I-765.

 

If work visa is still valid (H1) then NO AP (I-131) required for travel.

 

Refer your friend to VJ's Guide:

 

http://www.visajourney.com/forums/index.ph...page=i130guide2

 

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

 

A few notes:

 

I-485 has "A" checked (Based on the attached I-130)

 

I-765 is coded (C )(9 ) based on pending I-485.

[chilton747]

Thanks Dan!! I will let him know this.

[warpedbored]

Your friend's wife has done nothing illegal. She was already here legally on a work visa when he met and married her. It would only be visa fraud if she came here on a work visa with the intent of getting married.

[Missingyou]

From what I understand, she needs NOT to return to her home country. If her husband is a USC then he can just file AOS for her.

[chilton747]

Today I asked my friend a few more questions. Turns out that he worked with her father and he married his wife 1 year after she came to the state illegally. Somehow she managed to get a work visa and has it renewed each year. Sounds like a very touchy situation to me at best.

[Richard & Li]

I suggest referring them here or to VJ or both as Dan suggested. Let them decide what to do after reading up it.

 

If there is a Lutheran Social Services office in your town, they have immigration counseling.

 

If this blows up on them, you don't want to be the guy 'in the middle'.

[dnoblett]

Today I asked my friend a few more questions. Turns out that he worked with her father and he married his wife 1 year after she came to the state illegally. Somehow she managed to get a work visa and has it renewed each year. Sounds like a very touchy situation to me at best.

Not so, she came to the states and has a legal visa, not touchy at all. Illegal would imply sneaking into the USA without inspection.

 

Just go with the procedure I outlined, should be fine.

[Randy W]

Does she need a I-765 (EAD) as long as the work visa is valid (and she is working for that company)? I think no.

 

I think the work visa pretty much proves she is here legally.

[dnoblett]

Does she need a I-765 (EAD) as long as the work visa is valid (and she is working for that company)? I think no.

 

I think the work visa pretty much proves she is here legally.

Since I-765 based on I-485 costs nothing, might as well apply for it.

[chilton747]

Today I asked my friend a few more questions. Turns out that he worked with her father and he married his wife 1 year after she came to the state illegally. Somehow she managed to get a work visa and has it renewed each year. Sounds like a very touchy situation to me at best.

Not so, she came to the states and has a legal visa, not touchy at all. Illegal would imply sneaking into the USA without inspection.

 

Just go with the procedure I outlined, should be fine.

 

There is a possibility that she did come in without inspection. I know that she obtained a fake SS# but after their marriage, she obtained a legal SS#. My friend told me that somewhere in the works is the fact that she came here after a devastating earthquake in her country.