Howdy stealer-ga,
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What you need to do boils down to essentially a two step process, the first
step with several steps in itself. I will briefly outline the steps with
links to their details.
The first step you need to do, a status adjustment for your wife, is detailed
on the United States Citizenship and Immigration (USCIS) web site. The USCIS
is what used to be known as the INS, and then the BCIS.
http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba
Make sure you carefully read the page above, and all of the documents below.
You can download all the following forms in one package in PDF form here:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
"If you are the immediate relative (spouse, parent or unmarried child under
21 years old) of a U.S. citizen, submit the following forms:"
- I-485, Application to Register Permanent Residence or to Adjust Status
Current filing fee: $255
This above is the main form which requests your wife's status be adjusted to
one of "conditional resident," as she has been your wife less than 2 years.
- G-325A, Biographic Information
No current filing fee.
http://uscis.gov/graphics/formsfee/forms/g-325a.htm
The above is all of the background (birthplace, etc.) on your wife. Filed
at the same time as the I-485.
- I-130, Petition for Alien Relative
Current filing fee: $130
http://uscis.gov/graphics/formsfee/forms/i-130.htm
The above form is filed by yourself and used to establish your relationship
(spouse) with your wife. Filed at the same time as the I-485.
- I-864, Affidavit of Support
No current filing fee.
http://uscis.gov/graphics/formsfee/forms/i-864.htm
Filed at the same time as the I-485 to establish that your wife has the
financial support to be here.
- I-693, Medical Examination of Aliens Seeking Adjustment of Status
No current filing fee.
http://uscis.gov/graphics/formsfee/forms/i-693.htm
Straight forward medical exam to make sure there are no health issues, and
should be done right before you do all of the other filing.
You may need to know the specifications for photographs used by USCIS.
They are different than passport photos.
http://uscis.gov/graphics/lawsregs/handbook/m-378.pdf
Once the above is all filed, the wait for adjustment could take some time.
From the Bernard P. Wolfsdorf VISALAW web site.
http://www.wolfsdorf.com/articles%5CAdjustment%20vs%20IVP.htm
"It depends on the INS Service Center where the case was filed. Moreover,
the processing time at each Service Center is unpredictable, sometimes as
short as 8 to 10 months and sometimes as long as 2 years or more."
Once the above is filed, if you wife is going to travel outside the U.S., she
will need to file a form I-131, Application for Travel Document. Fee: $110
http://uscis.gov/graphics/formsfee/forms/i-131.htm
After filing, your wife might be eligible to file so she can work here.
I-765, Application for Employment Authorization. Current fee: $120
http://uscis.gov/graphics/formsfee/forms/i-765.htm
Once she finally gets conditional resident status, you will then want to get
out your calendar and mark it carefully. 21 months after your wife gets her
new status, and her "green card," you will need to remove the conditions so
she can become a permanent resident of the United States. Currently, people
only have a 90 day "window" to file form I-751, Petition to Remove the
Conditions on Residence. Current filing fee: $145
http://uscis.gov/graphics/howdoi/remcond.htm
"You and your spouse must apply together to remove the conditions on
your residence. You should apply during the 90 days before your second
anniversary as a conditional resident. The expiration date on your alien
registration card (commonly know as green card) is also the date of your
second anniversary as a conditional resident. If you do not apply to
remove the conditions in time, you could lose your conditional resident
status and be removed from the country."
Details can be found on this USCIS web page.
http://uscis.gov/graphics/howdoi/remcond2.htm
More is on this page:
http://uscis.gov/graphics/formsfee/forms/i-751.htm
The form itself is here:
http://uscis.gov/graphics/formsfee/forms/files/I-751.pdf
It appears that it can take upward to two years for the processing of the
I-751, Petition to Remove the Conditions on Residence, but might be as
little as six months.
So, total time for the whole process could be as "short" as 3 years or as
long as 6 years.
If you need any clarification, feel free to ask.
Search Strategy:
Searched the USCIS web site at: http://www.uscis.gov
Looking Forward, denco-ga - Google Answers Researcher |
