Legal Question in Immigration Law in California

K1 or I-130

My Mexican girl friend has been visiting using her B1/2 and I-94 for the past few months. Her home is Tijuana. During her stay we have fallen in love and plan to marry as soon as possible. Her I-94 expires on June 7. We are looking for a solution that allows us to stay together and would provide the least amount of time to get a work permit. Should we get married right away and go the 130 route? Another option is for her to renew her I-94 and for us to marry later if that helps (30-60-90 rule). It just doesn't seem necessary to go the K1 route since she is already here and has held a B1/2 for most of her life so she did not just come here to get married. Thanks for any input.

Best,

Michael


Asked on 5/25/09, 10:40 pm

3 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: K1 or I-130

You're right. The K-1 is used for people who are not yet here. If she's here and you decided to marry after her arrival, then it's fine, you can do that and file the I-130/485 package.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 5/27/09, 2:45 am
Ellaine Loreto Law Offices of Ellaine Loreto

Re: K1 or I-130

Good Morning, Michael:

You are correct that the quickest way to get her a work permit is to sponsor her for her I-130. The processing time for getting a green card through marriage is 6 months, more or less. A work permit is usually issued within 3 months of submitting the application. The K1 route is not necessary if she is already in the U.S. As long as she entered the country legally, she may not need to extend her B status, if you eventually get married and she applies for the green card here.

To discuss your specific case further, kindly email me directly at [email protected].

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 5/26/09, 2:14 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: K1 or I-130

Dear Michael:

If you marry in the US, your spouse should be able to apply for adjustment of status concurrently with your I-130 immediate relative petition. She would be issued a work permit within 90 days and you will be interviewed regarding the application in approximately 6-8 months from filing.

I recommend that you email us at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/26/09, 2:21 pm


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