List of documents (from my home country) to assemble for Green Card petition

[E&D 0]

Hi,

My fiance and I are getting married soon, and we are wondering about which additional documents are necessary for the entire process.

In particular we are quite confused about the documents to accompany the forms I-130, G-325A, I-864A that I need to collect in my home country.

So far I am sure about my original birth certificate.

Do I also need a police certificate, military records and/or court records?

Since I am going back to Italy soon for a trip, I want to be sure that once there I will collect all the documents I need, avoiding to have them mailed here when I will start my adjustment of status process.

(To explain better better our status, she is an American citizen and we will apply for my adjustment of status here in US where I entered legally with my I Visa that will expire at the end of 2013).

[Ryan H 3,856]

Are you and your fiancee planning to marry outside the US or have you already entered the US on a fiance visa? If you marry outside the US and subsequently enter the US on a spousal visa, you would not adjust status because a spousal visa is an immigrant visa and holders of immigrant visas are given green cards on arrival.

[E&D 0]

Hi,

Thanks for the reply.

We are actually planning on getting married inside the US where I entered on an I visa (journalist-media operator visa).

[Ryan H 3,856]

We are actually planning on getting married inside the US where I entered on an I visa (journalist-media operator visa).

Here is the problem with your plan, you are at the POE, you tell CBP what your plan is, and CBP will deny you entry for not having the proper visa.

If you lie to CBP about your plans, you would be guilty of Material Misrepresentation and you would be caught when you apply to adjust status. Material Misrepresentation would result in your AOS application being denied, you being deported, and you would be permanently banned from entering the US with no chance for a waiver.

These are your alternatives:

• Your fiancee files an I-129F to begin the K1 process, you come to the US on K1 visa, get married, then adjust status
  
• You can get married in the US, however, your US Citizen wife files the I-130, and you would have to leave the US when your authorized stay expires. You would eventually interview at an overseas Embassy or Consulate for a spousal visa, you would then enter the US on said spousal visa after it was issued and you would automatically be an LPR.
  

Edited June 5, 2012 by Ryan H