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Earth at Four

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    Can my wife stay here?

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    My wife is Austrian. We've been married since 2003. She lived with me in Boston for two years, 2004-6. She had a green card from December 2004 to May 2006, but it expired, as we didn't return to the USA until 2010. Our daughter was born in Vienna in 2008 and has US citizenship. 
     
    She came with our daughter this year, on July 1, with a 90-visitor visa. It's expiring on September 29. 
     
    We plan to file an I-130 (petition for alien relative) and an I-485 (adjustment of status) immediately, in order to get permanent residence, but I'm afraid it may be too late, and that my wife and daughter may have to return to Austria for some months. 
     
    I'd been incredibly busy with moving to a new place, finding lodgings, buying a car, registering it, starting a new job, etc., and I'm terrible at paperwork, so I put this off until now. 
     
    Also, I don't have US tax returns, which are requested on the Affidavit of Support, because I have only filed taxes in Austria since 2007. I plan to contact a tax lawyer immediately and move on that, and include a note to the affidavit saying we're moving on that. 

    So that's where we're at. Thanks for any thoughts you might have.
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