US Citizen married a Taiwanese citizen in Vegas...What to do next?

[mischief 0]

Newbie here. Found this forum online while trying to figure out some paperwork and it looks like there are many knowledgeable people on here. I hope this is the correct place for the question. If not, please move it accordingly .

Here's my situation:

I was born and raised in the US. I met my current wife a few years ago, and we dated for several years. I eventually ended up in Taiwan to be with her for a few years, but recently we decided to move back to the US. We never discussed marriage when in Taiwan, so she went ahead and got a B1/B2 visa from Taiwan. We both came back to Vegas, and I eventually proposed to her, and we got married in a short, but sweet wedding. While looking for info on what to do next, I came across this website.

I found several "guides" as to which forms to fill out, but I'd like to make sure these were the correct forms.

I-130 - Seeing as my wife is already here on a B1/B2 visa, I wouldn't need to file this, correct?

I-485 - My wife filled this out. I assume this is the main form she needs to fill out for citizenship.

I-765 - Not sure if I need this. Currently, my wife has her own business back in Taiwan. I will be getting a business license to start my own business in Vegas soon.

I-131 - Not sure if I need this too. We do travel a lot. Usually back and forth from the US - Taiwan - China for business. She can stay here until January on her current Visa, but we have a trip overseas in January anyways. Will she need to file this form also? Her current visa doesn't expire until 2016 and she can come into the US for 6 mos at a time.

So far, I only have the I-485 filled out. I have a copy of the marriage certificate coming in the mail this week, and I remember the clerk at the marriage license office telling us we need to go to get a medical exam done for her too. Could someone give me a little more detail on the steps I need to take to have my wife recognized as a citizen?

[Que Saudade 284]

You must fill out the I-130 along with I-485.

Here are the instructions for I-130

Read FAQs for I-130

I-765 If she is not planning on working here in the US, then no she doesn't need it.

I-131 You will need to apply for Advanced Parole. I-131 instructions

She can not leave the US without AP or USCIS will consider the adjustment of status process abandoned.

Now that you are married, she can not use her visitor visa to re-enter the US should she leave. She will need AP to re-enter.

For medical you will need to get the I-693 completed by a civil surgeon.

Make sure when you are filling out the I-485, that you also supply the other required documents with it. Go over the directions for I-485 several times..... Not trying to insult your intelligence, just emphasizing the need to make sure you don't miss anything.

The G325A and the affidavit of support which you will have to fill out I-864 You will need to show income at 125% of poverty guidelines for your household. Guideline

All of this wonderful information is in the guides. The link is up at top of page. Please study the the instructions carefully.

I think I covered the information for you. You will probably get some other good advice from others as well.

Good luck with your marriage.

Edited September 2, 2012 by Que Saudade

[Anh map 2,098]

Newbie here. Found this forum online while trying to figure out some paperwork and it looks like there are many knowledgeable people on here. I hope this is the correct place for the question. If not, please move it accordingly .

Here's my situation:

I was born and raised in the US. I met my current wife a few years ago, and we dated for several years. I eventually ended up in Taiwan to be with her for a few years, but recently we decided to move back to the US. We never discussed marriage when in Taiwan, so she went ahead and got a B1/B2 visa from Taiwan. We both came back to Vegas, and I eventually proposed to her, and we got married in a short, but sweet wedding. While looking for info on what to do next, I came across this website.

I found several "guides" as to which forms to fill out, but I'd like to make sure these were the correct forms.

I-130 - Seeing as my wife is already here on a B1/B2 visa, I wouldn't need to file this, correct?

I-485 - My wife filled this out. I assume this is the main form she needs to fill out for citizenship.

I-765 - Not sure if I need this. Currently, my wife has her own business back in Taiwan. I will be getting a business license to start my own business in Vegas soon.

I-131 - Not sure if I need this too. We do travel a lot. Usually back and forth from the US - Taiwan - China for business. She can stay here until January on her current Visa, but we have a trip overseas in January anyways. Will she need to file this form also? Her current visa doesn't expire until 2016 and she can come into the US for 6 mos at a time.

So far, I only have the I-485 filled out. I have a copy of the marriage certificate coming in the mail this week, and I remember the clerk at the marriage license office telling us we need to go to get a medical exam done for her too. Could someone give me a little more detail on the steps I need to take to have my wife recognized as a citizen?

Your wife could be eligible for citizenship in a few years, if she obtains a green card first, and lives primarily in the US for 3 years. So, time to shake off the Vegas cobwebs and do some thinking and studying.

Thinking > Where do you two want to live? How long would her visits to Taiwan be? If it's USA and a couple of months at a time then studying this guide would be wise >> http://www.visajourney.com/content/i130guide2

If she needs to be in Taiwan for a while to prepare for her move to the US then this would be the better path >> http://www.visajourney.com/content/i130guide1

[mischief 0]

You must fill out the I-130 along with I-485.

Here are the instructions for I-130

Read FAQs for I-130

I-765 If she is not planning on working here in the US, then no she doesn't need it.

I-131 You will need to apply for Advanced Parole. I-131 instructions

She can not leave the US without AP or USCIS will consider the adjustment of status process abandoned.

Now that you are married, she can not use her visitor visa to re-enter the US should she leave. She will need AP to re-enter.

For medical you will need to get the I-693 completed by a civil surgeon.

Make sure when you are filling out the I-485, that you also supply the other required documents with it. Go over the directions for I-485 several times..... Not trying to insult your intelligence, just emphasizing the need to make sure you don't miss anything.

The G325A and the affidavit of support which you will have to fill out I-864 You will need to show income at 125% of poverty guidelines for your household. Guideline

All of this wonderful information is in the guides. The link is up at top of page. Please study the the instructions carefully.

I think I covered the information for you. You will probably get some other good advice from others as well.

Good luck with your marriage.

So the I-130 has to be filled out even though she's already here? I thought the I-130 was only if she was already overseas, and I had to bring her here to the US?

What if we plan on opening up a business here in the US in the near future? Would she need to still fill out that I-765, or is it only if she wants to work for someone?

Thank you SO much for your in-depth help. Very very helpful to me!

[Sandra G. 5,106]

two sets of G-325A (one for you, the petitioner, and one for her, the beneficiary).

She MUST fill out the I-130 even she is already here.If she wants to work then she should file I-765.

[Que Saudade 284]

So the I-130 has to be filled out even though she's already here? I thought the I-130 was only if she was already overseas, and I had to bring her here to the US?

As Sandranj stated, yes. It IS the petition for Alien Relative (your now spouse)

What if we plan on opening up a business here in the US in the near future? Would she need to still fill out that I-765, or is it only if she wants to work for someone?

When filling out for adjustment of status, I would advise that you just go ahead and fill out I-765 and I-131. Basically they are free when filed together with I-485. So, then you will have it, even if you don't need it.

Thank you SO much for your in-depth help. Very very helpful to me!

You are welcome.

Now, you need to start studying the guides. We can help with specific questions, but when it comes down to signing the forms, you are the one acknowledging that everything is correct. Here again, not to insult your intelligence at all, just want to emphasize that most mistakes are made because someone really didn't take the time to study the guides here on VJ, read the instructions on the forms, or... well my mind just went blank and I can't come up with a third reason right now. I think I need a cup of coffee and I will leave you with this for now...

I-130 for spouse inside of US

Good luck and if we can be of any further help while you are going through everything, please don't hesitate to ask.....

[mischief 0]

As Sandranj stated, yes. It IS the petition for Alien Relative (your now spouse)

When filling out for adjustment of status, I would advise that you just go ahead and fill out I-765 and I-131. Basically they are free when filed together with I-485. So, then you will have it, even if you don't need it.

You are welcome.

Now, you need to start studying the guides. We can help with specific questions, but when it comes down to signing the forms, you are the one acknowledging that everything is correct. Here again, not to insult your intelligence at all, just want to emphasize that most mistakes are made because someone really didn't take the time to study the guides here on VJ, read the instructions on the forms, or... well my mind just went blank and I can't come up with a third reason right now. I think I need a cup of coffee and I will leave you with this for now...

I-130 for spouse inside of US

Good luck and if we can be of any further help while you are going through everything, please don't hesitate to ask.....

Thank you for everyone's help! I have started looking at the step by step you provided, and the warning has raised a question. It says:

BE WARNED:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

My concern is that my wife is here on a tourist visa, but she didn't know I was going to propose (technically, neither did I ), and we got married soon after. It was something that came up, and we just acted on it. Do you think this will cause problem with the application? It states for her to return to her home abroad and wait for the I-130 to go through, but would it be necessary in this case? I don't know how to prove (or how they can prove) intent to marry...

[ceadsearc 516]

Thank you for everyone's help! I have started looking at the step by step you provided, and the warning has raised a question. It says:

My concern is that my wife is here on a tourist visa, but she didn't know I was going to propose (technically, neither did I ), and we got married soon after. It was something that came up, and we just acted on it. Do you think this will cause problem with the application? It states for her to return to her home abroad and wait for the I-130 to go through, but would it be necessary in this case? I don't know how to prove (or how they can prove) intent to marry...

It shouldn't be a problem. If asked, you explain what happened. End of story. This happens every day.

[Kathryn41 3,205]

Topic has been moved from General Immigration Discussion to AOS from a Work, Student or Visitor Visa forum as the OP and his wife are applying for AOS from a visitor's visa:

````````````````````````````````````````

Moderator hat off . . .

USCIS understands that sometimes foreign nationals are in the US legitimately and their circumstances change while in the US so that they now become eligible to become a permanent resident This is called Adjustment of Status - changing the status from their original entry status (e.g. visitor) to Permanent Resident. The warning you quoted states that this change of circumstance has to happen after the individual is in the US and is not part of the reason why the individual entered the US. Since you only decided to marry after you arrived in the US and did not enter the US with this intention, your wife is eligible to change her status from visitor to Permanent Resident based upon her marriage to a US citizen.

You establish her 'right' to do so by filing the I-130 along with the I-485. The I-130 establishes the relationship between you and recognizes you as the petitioner - requesting permission for an eligible family member to be allowed to apply for Permanent Resident status. TheI-485 is her request to become a Permanent Resident. Both of these forms need to be submitted together as without the I-130, USCIS has no grounds upon which to grant your wife's PR status as you have not established her eligibility yet.

It is considered visa fraud when you knowingly use a visa issued for one purpose - to visit - with the full intent of using it for a different purpose - to immigrate. Immigration is a more time-consuming and demanding process so some people do try to short-cut the system entering on a visitor's visa with no intent of being a visitor but of being an immigrant. That is what the warning you quoted is about. It does not seem to fit your circumstances but you should be prepared to explain what happened at your interview to reassure USCIS that it does not apply to you.

As others have mentioned, do read over the guides available on Visa Journey very carefully. Print out the actual forms and the instructions for the forms and read over all of those very carefully. Make a list of all of the attachments you need for each form and treat each form as a separate entity, even though you will submit them all together. The actual immigration process is not particularly difficult, it is just very detailed oriented and if you fail to pay attention to a detail, it can come back to haunt you in potentially catastrophic ways.

Definitely file for I-765 Work Permit (EAD) as well as the I-131 AP - travel permission. Even if your wife does not intend to work in the US, the EAD card becomes a useful sort of proof of status that she can use as a form of US identification as well as to get her Driver's License and SSN card. Once she files the AOS package she will not be able to leave the US until she gets either her green card or her AP (which now comes in a card with the EAD). AOS can take a while and the EAD/AP generally come within about 3 months. If she leaves the US without it, then she has abandoned her AOS request and will not be allowed to re-enter the US without a CR-1 visa.

Good luck.

Thank you for everyone's help! I have started looking at the step by step you provided, and the warning has raised a question. It says:

My concern is that my wife is here on a tourist visa, but she didn't know I was going to propose (technically, neither did I ), and we got married soon after. It was something that came up, and we just acted on it. Do you think this will cause problem with the application? It states for her to return to her home abroad and wait for the I-130 to go through, but would it be necessary in this case? I don't know how to prove (or how they can prove) intent to marry...

Edited September 3, 2012 by Kathryn41

[ValerieA 350]

Just in case the OP is confused (I'm sure you aren't, OP, I just want to be clear) the I-765 is for working while you are waiting for your spouse's green card to be approved. Once they get their green card, they are eligible to work with no other paperwork being filed (well, with the USCIS - still need to apply for SSN).

[Darnell 8,479]

No Problem at all, as there was no intent in anyone's head at the POE.

I DO SUGGEST to include AP and EAD in with the I-130/I-485 set that you'll be filing -

as it's easier for her to get a SSN with EAD card in hand - with SSN and EAD prior to a green card, is easier for her to participate in life in the USA (get a drivers license, do some banking)

Fees for AP and EAD are waived when submitted with the other stuff, so that's a plus.

Suggest that she put her business on hold for the next few months, not leave the USA ..

Good Luck !

My concern is that my wife is here on a tourist visa, but she didn't know I was going to propose (technically, neither did I ), and we got married soon after. It was something that came up, and we just acted on it. Do you think this will cause problem with the application? It states for her to return to her home abroad and wait for the I-130 to go through, but would it be necessary in this case? I don't know how to prove (or how they can prove) intent to marry...

[mischief 0]

As Sandranj stated, yes. It IS the petition for Alien Relative (your now spouse)

When filling out for adjustment of status, I would advise that you just go ahead and fill out I-765 and I-131. Basically they are free when filed together with I-485. So, then you will have it, even if you don't need it.

You are welcome.

Now, you need to start studying the guides. We can help with specific questions, but when it comes down to signing the forms, you are the one acknowledging that everything is correct. Here again, not to insult your intelligence at all, just want to emphasize that most mistakes are made because someone really didn't take the time to study the guides here on VJ, read the instructions on the forms, or... well my mind just went blank and I can't come up with a third reason right now. I think I need a cup of coffee and I will leave you with this for now...

I-130 for spouse inside of US

Good luck and if we can be of any further help while you are going through everything, please don't hesitate to ask.....

Ok, still in the process of assembling the packets according to the guide you gave me. I came across this and had a question.

Assembling the I-130 Package: Checklist

8. A certified copy of your certified marriage certificate (again, translated if not in Engligh)

Assembling the I-485 Package: Checklist

7. A certified copy of your marriage certificate. (If filing for your spouse)

Do I need to order 2 certified copies of the marriage certificate, or can I include 1 for both packets (or would 1 certified one and a copy of that certified one work)? I only ask because I had already ordered only 1 not knowing I needed more, and to order another one would take a week or so by mail.

[Darnell 8,479]

certified copy? wow.

in the instructions on each of the forms,

a regular photocopy is mentioned.

[Harpa Timsah 13,261]

Yes, the VJ guide is wrong on this. You only need a regular photocopy of the marriage cert. (The thing you are photocopying should be a certified marriage cert, not the souvenir one from Vegas).

[mischief 0]

Ahh great to know! Thanks!