Legal Question in Immigration Law in Indiana

status adjustment

my fiance and I are planning on being married Dec 31st of this year.

We were going to file and adjustment of status so that she could travel with me to argentina for a trip for my university. I was told it is possible to file a temp adjustment prior to when we are married in order to insure that the papers would be done by our trip in May and than we could change from a temp to permanent----could you straighten this out for me


Asked on 12/02/08, 12:36 pm

3 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

Re: status adjustment

You'll need to apply for your adjustment of status and include an application for advance parole (travel permit). It should take about 3 months to receive, which will in turn, allow your fiancee to travel in and out of the US while the adjustment is pending.

More information can be found here:

http://www.msclaw.com/What_are_the_lega_requirementsGC.html

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Answered on 12/02/08, 12:40 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: status adjustment

Your fiance may be eligible to file for advance parole which is permission to travel while her adjustment of status application is pending. However, you should consult with an attorney prior to filing this application to ensure that her travel outside of the US will not trigger any bars (i.e., that she will be allowed to re-enter the US after she leaves).

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Answered on 12/02/08, 1:19 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: status adjustment

No way you can file an adjustment BEFORE you are married, so tell the person who told you that that he is WRONG. Presuming your fiance entered the U.S. LEGALLY, you must file an adjustment package consisting of an I-130 (petition), an I-485 (application for adjustment of status), an I-765 (application for employment authorization), and an I-131 (application for travel authorization). Nothing goes further than your finger until your fiance receives a notice for biometrics and she takes them. Now, if you obtain an interview PRIOR to two years of marriage, she may be granted a temporary permanent resident status; this means that prior to the expiration of that status, you must file to removal the conditions on her status and she may be granted lawful PERMANENT residence. There is no filing Prior to your marriage.

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Answered on 12/02/08, 1:43 pm


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