Wife's K-2 Visa

[nociuduis 0]

I will be as descriptive as i can.

My wife arrived with her mother, which, my wife carries a K-2 visa now. It expires in June 2009. We now have been married for one year, known each other for 2.

Trying to be pro-active, we went to immigration office, and they basically told us, because she arrived on that Visa, she has to stay on that Visa, for the remaining years, until shes a citizen. in addition, mour marriage is totally irrevelant in her trying to renew her papers.

So then we would have to be on all the paper work her mom does, for her and her younger daughter, and my wife as one. Well, her mom has finished all her paper work, and did NOT include my wife on the paper work, because the lawyer which her mom used, told her, we have to file separate, because we are now married. This totally contradicts what the immigration office told us.

The lawyer wants money up front just to talk to her. Id like to know what is really the deal, and the truth! Please advice anyone.

Were in Phoenix, az. If someone is willing to help us. Thank you much in advance.

Ask questions if need be. Thanks.

[desert_fox 32]

???

Who petitioned for your wife??? Is she a K-3???

How did her mother get here,,,what kind of visa.

[nociuduis 0]

Wife is a K-2, she came as a child under her mom's Visa, along with her younger sister.

Her mom got her with a K-1, as a bride. Even though she got married here.

[desert_fox 32]

I assume her mother got married. If so, she adjusts status gets her green card, and you wife does the same. After that she is a resident. You got married, nothing for you to do with immigration.

[nociuduis 0]

Your Correct, her mother got married in november 2006.

She's had her residency and work permit now, for 2 years in June.

They are now to my understanding, applying for the 5 year visa.

Does this makes sense?

Correct me if im wrong; but your referring to status that has already been established.

Edited February 9, 2009 by nociuduis

[pushbrk 12,233]

Your Correct, her mother got married in november 2006.

She's had her residency and work permit now, for 2 years in June.

They are now to my understanding, applying for the 5 year visa.

Does this makes sense?

Correct me if im wrong; but your referring to status that has already been established.

No, it doesn't make sense at all. Assuming the mother married within the 90 days and has adjusted status to permanent resident based on that marriage, her daughter, your wife needs to do the same. Her visa expiration is meaningless once used and it isn't good for two years.

From the muddled understanding your seem to have, I think your wife is already a conditional permanent resident with a green card good for two years. She and her mother need to file to remove conditions on the residency 90 days before the green card expires. That will result in a 10 year card. Four years and nine months from the issue date of the first green card, she is eligible to apply for citizenship.

[desert_fox 32]

Your Correct, her mother got married in november 2006.

She's had her residency and work permit now, for 2 years in June.

They are now to my understanding, applying for the 5 year visa.

Does this makes sense?

Correct me if im wrong; but your referring to status that has already been established.

If your wife already has her green card.....forget about petitions, etc. You do not have to do anything.

[payxibka 10,044]

Your Correct, her mother got married in november 2006.

She's had her residency and work permit now, for 2 years in June.

They are now to my understanding, applying for the 5 year visa.

Does this makes sense?

Correct me if im wrong; but your referring to status that has already been established.

If your wife already has her green card.....forget about petitions, etc. You do not have to do anything.

The OP needs to understand EXACTLY what his wife's current status is... In addition, misuse of certain terminilogy could result in incorect replies.

[nociuduis 0]

Im little lost, this is what i understand?

She has had her green card for 2 years, and it expired this June. So the plan is file all paper work very beginning of March.

Isnt this what they are filing for now is the 10 year card?

[payxibka 10,044]

Im little lost, this is what i understand?

She has had her green card for 2 years, and it expired this June. So the plan is file all paper work very beginning of March.

Isnt this what they are filing for now is the 10 year card?

If the card expires in June 2009 she will submit (or if able, with her mother) and I-751 90 days prior to expiration to get the conditions removed and a new 10 year card issued. If that is done, there is NOTHING you need to do.

Edited February 9, 2009 by payxibka

[desert_fox 32]

Im little lost, this is what i understand?

She has had her green card for 2 years, and it expired this June. So the plan is file all paper work very beginning of March.

Isnt this what they are filing for now is the 10 year card?

yes..that is exactly what they are doing.

You have nothing to do.....so what is your question???

[nociuduis 0]

Well as i stated in my post.

Her mother has applied for her paper work, but was advised by the lawyer, NOT to include my wife on the paper work, because she is now married; and my wife has to do her own filing. This correct?

You guys are telling me, basically what the Immigration office did, i dont have to do anything for her, my wife will ne included on mothers paper work, and thats it.

Correct?

The main question is...

Was this right, what the lawyer did? Or do we have to have lawyer add her name to the paper work.

Edited February 9, 2009 by nociuduis

[desert_fox 32]

I will be as descriptive as i can.

My wife arrived with her mother, which, my wife carries a K-2 visa now. It expires in June 2009. We now have been married for one year, known each other for 2.

Trying to be pro-active, we went to immigration office, and they basically told us, because she arrived on that Visa, she has to stay on that Visa, for the remaining years, until shes a citizen. in addition, mour marriage is totally irrevelant in her trying to renew her papers.

So then we would have to be on all the paper work her mom does, for her and her younger daughter, and my wife as one. Well, her mom has finished all her paper work, and did NOT include my wife on the paper work, because the lawyer which her mom used, told her, we have to file separate, because we are now married. This totally contradicts what the immigration office told us.

The lawyer wants money up front just to talk to her. Id like to know what is really the deal, and the truth! Please advice anyone.

Were in Phoenix, az. If someone is willing to help us. Thank you much in advance.

Ask questions if need be. Thanks.

something here makes no sense....the mother did not incloude her on what papers????

Your wife has to file to remove her conditional status.

Why are you seeing a lawyer???

That lawyer said that you have file what separate paper for what????

You have nothing to do!!!!! only your wife has something to do.

[payxibka 10,044]

I will be as descriptive as i can.

My wife arrived with her mother, which, my wife carries a K-2 visa now. It expires in June 2009. We now have been married for one year, known each other for 2.

Trying to be pro-active, we went to immigration office, and they basically told us, because she arrived on that Visa, she has to stay on that Visa, for the remaining years, until shes a citizen. in addition, mour marriage is totally irrevelant in her trying to renew her papers.

So then we would have to be on all the paper work her mom does, for her and her younger daughter, and my wife as one. Well, her mom has finished all her paper work, and did NOT include my wife on the paper work, because the lawyer which her mom used, told her, we have to file separate, because we are now married. This totally contradicts what the immigration office told us.

The lawyer wants money up front just to talk to her. Id like to know what is really the deal, and the truth! Please advice anyone.

Were in Phoenix, az. If someone is willing to help us. Thank you much in advance.

Ask questions if need be. Thanks.

something here makes no sense....the mother did not incloude her on what papers????

Your wife has to file to remove her conditional status.

Why are you seeing a lawyer???

That lawyer said that you have file what separate paper for what????

You have nothing to do!!!!! only your wife has something to do.

If your wife was not included on her mother's I-751 then YOUR WIFE must submit her own in order to get conditions removed and a new greencard issued.

Edited February 9, 2009 by payxibka

[pushbrk 12,233]

Well as i stated in my post.

Her mother has applied for her paper work, but was advised by the lawyer, NOT to include my wife on the paper work, because she is now married; and my wife has to do her own filing. This correct?

You guys are telling me, basically what the Immigration office did, i dont have to do anything for her, my wife will ne included on mothers paper work, and thats it.

Correct?

The main question is...

Was this right, what the lawyer did? Or do we have to have lawyer add her name to the paper work.

This is a "removing conditions" case, so really needs to be in the appropriate forum. Start with the guide to lifting conditions.

http://www.visajourney.com/forums/index.ph...p;page=751guide

IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

I'm not an expert on lifting conditions because my wife and her daughter will never need to do so. If there's something that changes in the procedure due to a K2 conditional resident being married, I'm not aware of it.