SECOND OPINION. My fiancé has a tourist visa and she is pregnant. We don’t know if we should do k1 or go get married and

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Customer: SECOND OPINION Customer: My fiancé has a tourist visa and she is pregnant. We don’t know if we should do k1 or go get married and do change of status. I’m worried if she leaves I won’t see my child born JA: What steps have you taken? Have you filed any paperwork with the U.S. government? Customer: Nothing yet. I proposed last week in Miami. We didn’t plan to have children for a few years. Our plan was just to file a k1 visa since we just got engaged a week ago. So todays test results were a complete shock JA: Have you talked to a lawyer about the visa? Customer: no we are seeking a conversation with a lawyer in regards ***** ***** situation JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: no I think that’s it
Answered by Guillermo Senmartin in 5 mins 1 year ago
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Guillermo Senmartin
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Guillermo Senmartin, Expert

Hello! My name is***** and I am a licensed attorney with more than 19 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer, I could be helping other customers, or I could be attending to personal clients as I have my law practice.

Please give me a few minutes to review your question. I will be right with you as soon as I can. Thank you for your patience.

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Guillermo Senmartin, Expert

Sorry for the delay. She has been in the U.S. for how long?

Customer
Since September 25th her b2 authorization is good until March 24th 2022
Customer
She is set to leave November 6.
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Guillermo Senmartin, Expert

Ok. I would recommend that she stay unless you are OK with being separated for 1 to 2 years since she isn't supposed to visit the U.S. while a Consular Processing is underway. So I would have her stay and then I would wait until she has been in the U.S. for more than 90 days and then you will need to file an adjustment package. That includes the following forms that you file altogether to the Chicago or Phoenix Lockbox address found on the I-485 depending on which state you live in (do not file the I-130 separately online as it can delay the processing): I-130 (Petition for a family member), I-130A, I-485 (application for Lawful Permanent Residency), I-765 (Application for a work permit), I-131 (Application for Advance Parole), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms. The I-130 has a fee of $535. The I-485 has a fee of $1225 (normally) and nothing else has a fee if filed with or in relation to the I-485 except the medical exam, but that is between you and the doctor.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, evidence of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 5 to 7 months after filing, the work permit and Advance Parole (travel permit) should arrive (though could be even double that due to COVID delays). Around a year after filing, maybe more depending on where you live, the government should schedule the interview. If all goes well, a few weeks later, the U.S. Lawful Permanent Residency card (green card) should come in the mail.

What else may I answer for you?

Customer
During that process the March 24th deadline will pass while she is waiting for approval is her standing here still legal?
Customer
Can she travel on her tourist visa while the applications are being processed?
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Guillermo Senmartin, Expert

She is allowed to stay while the I-485 is pending and in fact she CANNOT leave the U.S. while the I-485 is pending or she abandons it. She must wait at least for the I-131 Advance Parole to be approved before international travel and that can take 6 to 9 months or so.

What else would you like to know?

Customer
If for some crazy reason she is denied will she still have her tourist visa? And what about our child would she need to leave?
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Guillermo Senmartin, Expert

She would not. Even if she did, it would be a LONG time before she could use it again. Why? Because to use it she needs NON-immigrant intent. Immigrant intent just doesn't disappear if an I-485 is withdrawn or denied.

What other U.S. Immigration Law questions do you have for me?

Customer
the question about our child. Would he/she be able to go to Colombia if she has to leave or need to stay in the USA with me?
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Guillermo Senmartin, Expert

If you cannot agree with the other parent, it would be decided in a custody battle. What else may I answer for you?

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Guillermo Senmartin, Expert

Hello again.  Sometimes, when messages go through cell phone texts, the messages do not come through.  I sincerely ***** ***** that is the case.  Please let me know what U.S. Immigration Law questions do you have for me.  Thank you for your patience and understanding.

What else would you like to know?

Customer
Nothing thanks
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Guillermo Senmartin, Expert

You are very welcome. Thank you for being a valued customer. My goal is to provide you with excellent service – but that does NOT mean we finished if you need to continue. If you feel you have received anything less than quality service or have additional questions, please reply. I am happy to address 1 or 2 follow-up questions for you. There is no additional charge for that. For any different cases in the future, please post a NEW session and remember to use FOR GUILLERMO in the message box so that no one else grabs the question. That way, I can become your exclusive immigration consultant. Also, I am not currently taking active cases for representation, but I am accepting certain cases for review. If that interests you, please let me know and we can upgrade to a quick phone call for just a few dollars to discuss pricing.

Customer
My fiancé tourist visa says she needs to leave March 24th 2021. We will get married after December 26th which is 91 days since she arrived and vacates the presumption of fraud. The change of status and green card will take much longer then the 3 months remaining on her B2 Authorization. During that time that she passes that date what is her legal status in the USA?
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Guillermo Senmartin, Expert

She needs to stay. While the I-485 is pending, she is in a stay authorized by the Attorney General and should NOT leave the U.S. until an I-131 Advance Parole is approved.

Customer
if there is ever a question of her legal status she can provide what documentation of being here legally?By staying past 6 months she is violating her tourist visa and we do not want to do anything illegal.
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Guillermo Senmartin, Expert

A copy of the I-485 receipt and later her work permit.

Customer
since I will sponson my fiancé in her I-485 request, assuming she gets approved. Can I also file I-130 to sponsor her mother in becoming a permanent resident? Or will we need to wait until my fiancé has her citizenship?
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Guillermo Senmartin, Expert

Unfortunately, no. There is no such category. She has to become a U.S. Citizen to be able to Petition for her mother.

Customer
Hello sir, I am curious if I should start putting things in our name like my cars and bank accounts now. So when we file the I-485 it legitimizes our relationship. And if we should, would you recommend we wait past the 90 days since she is here on the tourist visa?
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Guillermo Senmartin, Expert

Wait until after the 90 days. And it isn't necessary to put things in both your names at the beginning. You do what normal couples do so that by the time of the interview, you have lots of things that show you are living together and building a life together.

Customer
Thank you
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Guillermo Senmartin, Expert

My pleasure.

Customer
Can we file for emergency Medicaid which only helps with the birth of our child. I believe it is excluded from the DHS for review so it is admissible as we await her green card but I want to confirm.
Customer
Certain Medicaid benefits. DHS will not consider the Medicaid benefits received:For the treatment of an “emergency medical condition;”
As services or benefits provided in connection with the Individuals with Disabilities Education Act;
As school-based services or benefits provided to individuals who are at or below the oldest age eligible for secondary education as determined under state or local law;
By aliens under the age of 21; and
By pregnant women and by women within the 60-day period beginning on the last day of the pregnancy.
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Guillermo Senmartin, Expert

You can take a look at this official link if you like:

Public Charge Resources | USCIS

Customer
Right I’m trying to verify that I am understanding it correctly. Put simply can we apply for emergency Medicaid without repercussions on our I-485
Customer
Or EMS in Colorado. For only child birth not including pre or post natal for the mother only aid for the child.
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Guillermo Senmartin, Expert

The 1999 guidance says emergency medical care is not to be considered against you, but it doesn't specifically mention Emergency Medicaid. But I have read that Medicaid will not be considered against you if it is used to pay for long-term care.

Customer
https://www.healthfirstcolorado.com/emergency-medicaid/#Emergency Medicaid
Emergency Medicaid provides short-term Health First Colorado (Colorado’s Medicaid Program) coverage for eligible people who do not meet immigration or citizenship requirements for Medicaid and need treatment for life-threatening medical emergencies. It is sometimes also called “Emergency Medical Services,” or “EMS.”You are not familiar with this program specifically is that why you aren’t able to answer my question with a simple yes you can apply or no you can not?
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Guillermo Senmartin, Expert

I am not familiar with all state programs, unfortunately, but my answer does not change. It should not count against you if it is an emergency and not used for long-term care.

Customer
Thank you so much
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Guillermo Senmartin, Expert

My pleasure.

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