QUESTION
Does my spouse fill out a I-485, if she is in the Philippines? Also, does the I-485 include a green card?
Asked on Jan 17th, 2020 on Immigration - Ohio
More details to this question:
I married a Filipino June 29, of 2018, in America, on a fiancé visa. Her mom got sick and she wanted to be with her, so she went back to the Philippines, within the month of our marriage. She did not have a green card yet. So, now I guess I need to fill out a I-130 form to get her back.
1 ANSWER
When a fiance visa is issued, a fiance has 90 days to get married to you after entering the USA. Assuming that she and you married within that time frame, and then she returned home..at what time did she return home? If she is in the Phillipines now, she wont be able to adjust status because she currently doesnt have a status. But she is your wife now and therefore , she can process for a spousal visa at the foreign consulate. Consider working with an attorney so that the process is done correctly without delays etc..Counsel anywhere can represent you and some of us including myself charge a very affordable flat fee to represent you from start to finish. I file a G-28 Notice of appearance of attorney in the case so that USCIS and the Dept of State send me dual notices. Good luck.
Answered on Jan 17th, 2020 at 9:27 AM