Legal Question in Immigration Law in Washington

Hello,

I recently married someone who came to U.S from Germany under visa waiver program. He is allowed to stay 90 days. We still have two months ahead before he will have return to his country.

1) May he stay in U.S and we fill out I-130 together with I-485 or it will be too difficult to win, cause he came to U.S. for short visit and ended up marrying here and wanted to stay?

2) Let's say he goes back to Germany in 1.5 month before his 90 days are up. And I fill out I-130 for him, he will try to open immigrant visa in Germany and come back when things are over. The question is - because I don't want to be apart for so long, may I start I-130 process now, while he is still legally here? (it will save us 1.5 months)or he have to be out of the country before I even start filling out the application?

3) Any idea on timeline?

Thank you very much! Appreciate your help.


Asked on 8/20/10, 9:18 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

This could be a tricky situation if he came on a Visa waiver and immediately married a US citizen (you said within the first 30 days?).

Yes, sometimes it could be possible to apply for adjustment of status instead of going abroad and waiting for an immigrant visa approval (on average 8-12 months of separation, and could be longer).

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at [email protected] and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

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. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 8/25/10, 9:36 am


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