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 Process to file for Green Card who is in TPS and recently married with US citizen.
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Posted on 01-27-25 2:09 PM     Reply [Subscribe]
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Has anyone done this before ? Please share your experience with us. I m petitioning for my wife's GC who is in TPS and was out of status for 2 years in 2013.
We have a 5 year old son together. and I got my citizenship last year
This week we got a marriage license and next week we re going to file I130 for her. Is it a good idea to file I485 also at the same time ?

Please share your experiences.
Thank you
D. S.
 
Posted on 01-27-25 2:46 PM     [Snapshot: 65]     Reply [Subscribe]
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There is a form  called I-601A provisional waiver and it could erase ur wife’s unlaw presence of 2years since you are already a US citizen . Be careful lawyers might charge you additional for waiver.
Last edited: 27-Jan-25 02:48 PM

 
Posted on 01-28-25 9:36 AM     [Snapshot: 383]     Reply [Subscribe]
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Doesn't it erase unlawful presence if you go out of country and come back ?
 
Posted on 01-28-25 10:10 AM     [Snapshot: 422]     Reply [Subscribe]
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Hey there!

First off, congrats on your recent citizenship and your marriage! It sounds like you’re in a good position to help your wife adjust her status and get her green card. Let me break this down for you based on what you’ve shared.

Key Points in Your Situation:

1. **You’re a U.S. Citizen**: This is huge because spouses of U.S. citizens are considered "immediate relatives," which means there’s no waiting list for a green card. This makes the process much faster compared to if you were still a green card holder.

2. **Your Wife’s TPS Status**: Since she’s in Temporary Protected Status (TPS), she’s considered to be in lawful status right now. This is important because being in lawful status at the time of filing the adjustment of status application (Form I-485) is one of the requirements.

3. **Previous Out-of-Status Period**: She was out of status for two years in 2013. Normally, this could be a problem, but because you’re a U.S. citizen, bars to adjustment of status does NOT apply. (https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4)

Can She Adjust Status Without Leaving the U.S.?
Yes, she can! Because you’re a U.S. citizen and she’s in TPS, she should be able to adjust her status in the U.S. without having to go through consular processing in her home country. This is a big advantage because it avoids the risk of being stuck outside the U.S. and dealing with potential bans.

Should You File I-485 with I-130?
Absolutely! Filing Form I-485 (Adjustment of Status) concurrently with Form I-130 (Petition for Alien Relative) is a great idea. Here’s why:

- **Faster Processing**: Filing both forms together can speed things up.

- **Work and Travel Authorization**: While the I-485 is pending, she can apply for a work permit (Form I-765) and advance parole (Form I-131) to travel outside the U.S. and return without abandoning her application.

- **Avoid Consular Processing**: Adjusting status in the U.S. is usually smoother and less stressful than going through consular processing abroad.

Steps to Take:

1. **Gather Documents**:
- Proof of your U.S. citizenship (passport or naturalization certificate).
- Marriage certificate and evidence of a bona fide marriage (joint bank accounts, lease agreements, photos, etc.).
- Her TPS documentation and proof of lawful entry (I-94, passport stamps).
- Forms I-130, I-485, I-765 (optional), and I-131 (optional).

2. **File the Forms**: Submit I-130 and I-485 together, along with the fees and supporting documents. You can include I-765 and I-131 at no extra cost if filed with the I-485.

3. **Biometrics Appointment**: After filing, she’ll be scheduled for a biometrics appointment to provide fingerprints, photos, and a signature.

4. **Interview**: USCIS will schedule an interview for you and your wife to confirm your marriage is genuine. Bring all relevant documents to the interview.

Has Anyone Done This Before?

Yes, absolutely! Many people in similar situations have successfully adjusted status. For example:
- Spouses of U.S. citizens who were previously out of status but are now in TPS or another lawful status.
- Couples who filed concurrent I-130 and I-485 applications and were approved after showing their marriage is real.

Your situation is pretty common, and as long as you provide solid documentation and follow the process, your wife has a strong chance of getting her green card.

Final Thoughts:
Filing I-485 with I-130 is a smart move in your case. It lets your wife adjust status in the U.S. without the hassle of consular processing. Given your citizenship, her TPS status, and the fact that you have a child together, your case looks solid.

If you’re unsure about anything, it might be worth consulting an immigration attorney to make sure everything is filed correctly and to address any potential issues with her previous out-of-status period.

Good luck, and feel free to ask more questions if you need help!
 
Posted on 01-30-25 1:53 PM     [Snapshot: 1124]     Reply [Subscribe]
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Thank SQL_SERVER for you detail explanation.

Another concerning thing is I have been filing tax as a SINGLE and in every government documents even though we got married 10 years ago in a temple. We just didn't get legally married.
1) When submitting evidence photos, can we submit photos from 10 years ago taken at the Hindu temple ?
2) We never had joint bank account, don't have joint lease BUT we have been using the same mailing address for USCIS for both of us.
3) Should we have to hire attorney, do we let them file case for us OR do we go online and file by myself because we have never hired an immigration attorney and always did everything by ourselves.

Thank you again .


 
Posted on 01-30-25 2:46 PM     [Snapshot: 1206]     Reply [Subscribe]
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Ahile marriage license liye pachi k matlab bho ra? Ani 5 barsa ko chora nai cha bhane pachi fake marriage to bhandaina USCIS le pani. Don't worry too much. Aaja bihe garera bholi file garna ni paucha. 10 barsa agadi garera kina joint account nakholya kasaile sodhdaina. Anyway attorney lai hire gare huncha if you think this might create problem. Sajha ma yesto hunai sakdaina bhanera kasaile ni guarantee dina sakdaina. Tehi ni Sajha ko guarantee manne kuro ni bhayena. My advice is talk to an attorney especially when the government is completely against all kinds of immigration.
 
Posted on 01-30-25 4:56 PM     [Snapshot: 1343]     Reply [Subscribe]
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@ jha: You are so so dumb  .. what can i say ??
Last edited: 30-Jan-25 04:56 PM

 
Posted on 01-31-25 12:34 AM     [Snapshot: 1502]     Reply [Subscribe]
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### 1) **Submitting Evidence Photos from 10 Years Ago**

- **Yes, you can submit photos from 10 years ago** taken at the Hindu temple as evidence of your relationship. USCIS understands that couples may not have a legal marriage certificate if they were married in a religious or cultural ceremony. Photos from your wedding and other significant events (e.g., family gatherings, trips, etc.) are strong evidence of a bona fide marriage.

- **Additional Evidence:** Include affidavits from family members or friends who attended the wedding or can attest to your relationship. You can also provide other documentation, such as:
- Correspondence (letters, emails, texts) over the years.
- Social media posts or other public evidence of your relationship.
- Any joint responsibilities (e.g., raising children, shared bills, etc.).

2) **Lack of Joint Financial Accounts or Lease**

- While joint financial accounts and leases are common evidence, they are not the only way to prove a bona fide marriage. USCIS looks at the totality of the evidence. Here’s what you can emphasize:

- **Same Mailing Address:** The fact that you’ve used the same mailing address for USCIS for both of you is a strong point. Make sure to highlight this in your application.

- **Other Evidence:** If you don’t have joint accounts or leases, provide alternative evidence, such as:
- Utility bills or other mail showing both names at the same address.
- Evidence of shared responsibilities (e.g., insurance policies, medical records, etc.).
- Testimonials from friends or family about your relationship.
- Photos of you together over the years, especially with family or at events.

3) **Hiring an Attorney vs. Filing Yourself**

- **Filing Yourself:** If you’ve successfully handled USCIS applications in the past and feel confident navigating the process, you can file on your own. USCIS provides clear instructions for forms like the I-130 (Petition for Alien Relative) and I-485 (Adjustment of Status). However, your case has some complexities (e.g., lack of legal marriage certificate and limited joint financial evidence), so you’ll need to be thorough in preparing your application.

- **Hiring an Attorney:** An immigration attorney can help you:
- Organize and present your evidence in the most compelling way.
- Address any potential red flags (e.g., filing taxes as single despite being married).
- Ensure all forms are completed correctly and submitted on time.
- Represent you if USCIS requests additional evidence or schedules an interview.

- **Recommendation:** Given the complexities of your case (e.g., lack of legal marriage certificate and limited joint evidence), it may be worth consulting an attorney, even if just for a review of your application before submission.

Additional Notes:

- **Filing Taxes as Single:** This could raise questions during the USCIS process. Be prepared to explain why you filed taxes as single (e.g., lack of legal marriage certificate). You may want to consult a tax professional to amend your tax filings if possible, but this is not strictly required for USCIS purposes.

- **Religious Marriage vs. Legal Marriage:** USCIS recognizes religious marriages as valid for immigration purposes, as long as they are considered valid in the country where the marriage took place. Make sure to include affidavits or other documentation from the temple or religious authority that performed the ceremony.


Next Steps:
1. Gather all evidence of your relationship (photos, affidavits, correspondence, etc.).
2. Decide whether to consult an attorney or proceed on your own.
3. Complete the necessary forms (e.g., I-130, I-485) and compile your evidence package.
4. Submit your application to USCIS and prepare for the next steps (e.g., biometrics, interview).
 


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