Filing I-130 - Lots of questions

[FridaKhalo 0]

My friend and her 2 kids from Mexico came to US on April 1 on a tourist visa. We are thinking about getting married July 15. Now many questions are coming up about the immigration process and if we should do it ourself or with a attorney.

I am starting this as a thread assuming that many more questions will be asked of me and asked by me.

Background

We met Feb 2010 online. It began as a friendship relationship and has remained a friendship until now.

She works for a airlines so we have had several trips together over the 1 1/2 years.

Now that she is in the US, we would like to get married.

I filed a fiance petition in 2008. It was approved and I married a woman from Brazil. Shortly after we were married and she got her work authorization, she left and went to a different state. Now we are divorced.

Questions.

1 - Do I file a I-130 for her and both of her kids after we are married?

2 - What is the difference between I-134 and I-864?

3 - Will there be any bearing that I have filed a Affidavit of Support for my ex-wife from Brazil? I do not know if she is in US or not??

4 - Should we try to get a bank account or other supporting documents before the I-130 is filed?

5 - Health insurance - I dont have health insurance because I work contract labor. Should I plan on getting insurance and adding them after we get married.

Thanks all to your help.

[canadian_wife 1,831]

1. Yes, one petition for her and one for each of the kiddies

2. I864 is what you'll need to fill out if you are going for a spouseal visa

3. Probably, is she still in the country? Is she a US citizen yet?

4. Nope, not mandatory for filing the petition

5. Probably a good idea since there is the whole 'public charge' thing that you have to prove they won't become

Good luck, follow the guides at the top of the page

Edited July 3, 2011 by canadian_wife

[Darnell 8,479]

*** not a K-3 visa question, moving to IR-1/CR-1 visa forum ***

[vanessa.diaz 0]

My friend and her 2 kids from Mexico came to US on April 1 on a tourist visa. We are thinking about getting married July 15. Now many questions are coming up about the immigration process and if we should do it ourself or with a attorney.

I am starting this as a thread assuming that many more questions will be asked of me and asked by me.

Background

We met Feb 2010 online. It began as a friendship relationship and has remained a friendship until now.

She works for a airlines so we have had several trips together over the 1 1/2 years.

Now that she is in the US, we would like to get married.

I filed a fiance petition in 2008. It was approved and I married a woman from Brazil. Shortly after we were married and she got her work authorization, she left and went to a different state. Now we are divorced.

Questions.

1 - Do I file a I-130 for her and both of her kids after we are married?

2 - What is the difference between I-134 and I-864?

3 - Will there be any bearing that I have filed a Affidavit of Support for my ex-wife from Brazil? I do not know if she is in US or not??

4 - Should we try to get a bank account or other supporting documents before the I-130 is filed?

5 - Health insurance - I dont have health insurance because I work contract labor. Should I plan on getting insurance and adding them after we get married.

Thanks all to your help.

Wait...she´s just your friend or girlfriend? The way I read your post it seems she is just a friend...

I just wanted to get the part clear,because if she is just a friend and you want to marry her or vice versa just so her kids and her can obtain GC then that is FRAUD!

I hope this is not the case..

[FridaKhalo 0]

Not intending to be FRAUD at all.

We have known each other for some time, after she came here on her tourist visa, we found that we have a lot in common, share many things in common and would like to get married. To me, it's no different that me having a friend here and the relationship develops into a more serious relationship.

Believe me, there is no fraud involved and she would never risk her US Visa if she, or anyone else for that matter, thought it was fraud.

Maybe I didnt explain it perfectly in the words I used.

Thanks for the reply.

[vanessa.diaz 0]

Not intending to be FRAUD at all.

We have known each other for some time, after she came here on her tourist visa, we found that we have a lot in common, share many things in common and would like to get married. To me, it's no different that me having a friend here and the relationship develops into a more serious relationship.

Believe me, there is no fraud involved and she would never risk her US Visa if she, or anyone else for that matter, thought it was fraud.

Maybe I didnt explain it perfectly in the words I used.

Thanks for the reply.

No prob... well yeah at least thats what I got out from your post. I´m glad no fraud is intended,because that the main reason why this process is so long and dreadful. Be prepared to show "proof" of the relationship and to my understanding she´s going to have to go back to Mexico with her kids until she gets the visa. The ex-wife thing is kinda tricky...by sponsering her she is on your shoulders so to say until she either has a full time job or has become a US citizen which she cant yet due to then fact shes only been here 2-3years give or take. Be ready to show that your previous marriage wasn´t a fraud neither,which they will down right think you are getting married with your current friend just so she could have a GC. Good luck! Hope my comments were useful!

[pushbrk 13,639]

My friend and her 2 kids from Mexico came to US on April 1 on a tourist visa. We are thinking about getting married July 15. Now many questions are coming up about the immigration process and if we should do it ourself or with a attorney.

I am starting this as a thread assuming that many more questions will be asked of me and asked by me.

Background

We met Feb 2010 online. It began as a friendship relationship and has remained a friendship until now.

She works for a airlines so we have had several trips together over the 1 1/2 years.

Now that she is in the US, we would like to get married.

I filed a fiance petition in 2008. It was approved and I married a woman from Brazil. Shortly after we were married and she got her work authorization, she left and went to a different state. Now we are divorced.

Questions.

1 - Do I file a I-130 for her and both of her kids after we are married?

2 - What is the difference between I-134 and I-864?

3 - Will there be any bearing that I have filed a Affidavit of Support for my ex-wife from Brazil? I do not know if she is in US or not??

4 - Should we try to get a bank account or other supporting documents before the I-130 is filed?

5 - Health insurance - I dont have health insurance because I work contract labor. Should I plan on getting insurance and adding them after we get married.

Thanks all to your help.

Your answers so far have all focused on spouse and step children visa processes. However, you say they are here since April and you plan to marry in July. If there is nothing compelling them to return to Mexico, then they may stay after the marriage and adjust status. If you take this route, they do need to stay at least a few more months to complete their status adjustment before leaving the USA.

Do any of them have compelling reasons to leave?