Legal Question in Immigration Law in California

I just recently got married, however i heard homeland security requires you to be married for a certain period of time (i.e. 6 mths) before filing paperwork, is this true? how soon can i file the i-485, i-765, and i-130 concurrently after marriage??


Asked on 3/19/10, 3:44 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

There is no any waiting time. You can file any time you are ready.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 3/24/10, 4:09 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

No, there's no waiting time to file to adjust status. There are two waiting times though for different kinds of cases: in the event you already have permanent residence and seek to remove conditions on permanent residence, the filing time is 21 - 24 months after securing permanent residence, with exceptions.

Also, if you entered the U.S. illegally, then you cannot adjust status and must visa process, with exceptions. Upon departure, with unlawful presence, you'd need to file a waiver, which in discretion requires extreme hardship and the longer the marriage, the more likely the case will be approved. This is not a set time frame, but one that is fluid, where more is more valuable than less.

The above is general information and not legal advice. It does not form an attorney client relationship. For further information, feel free to contact me at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 3/24/10, 4:18 pm
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Once you get married you can submit your application for adjustment of status in the US. There is no waiting time requirement to submit your documents. The I-130, I-485, I-765, and I-131 can be submitted concurrently.

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Answered on 4/13/10, 3:30 pm


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