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Immigration Issues/Marrying an Italian Woman who is here on a visa waiver program

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Question
I met a woman last September when she was visiting the United States.  I flew to Europe and Met her there in November.  She flew back under the "Visa Waiver Program" on December 30th 2008 and we want to marry before the 90 days are up in the end of march.  Can we get married in Vegas and what paperwork and forms do we need to file to enable her to stay in the United States?

Answer
In this case, the you the U.S. citizen can file an immigration petition (I-130) and your alien spouse can file an application to adjust status to permanent resident (I-485) at the same time.  

Among the documents you will need are.
  1.  Copy of your U.S. Birth Certificate or Certificate of  Naturalization or Certificate of Citizenship;
  2. Marriage certificate.  
  3. Divorce decrees if applicable.
  4. Two recent color photos (passport) of the U.S. citizen and two recent color photos of the alien spouse.

The documents needed for an adjustment of status application (I-485) are as follows:

  1. Two recent identical color photos of the alien spouse;
  2. Medical exam report I-693 and supplement of the alien spouse (sealed);
  3. Evidence of financial condition of the alien spouse if she has a job:
     ---Job letter on business letterhead;
     ---W-2 forms for past three years;
  4. Evidence of financial support from you the spouse:
     ---your employment verification letter on business letterhead;
     ---your W-2 forms for past three years;
  5. Copy of the alien spouse's passport, visas, and I-94;
  6. Documents showing alien spouse's legal status after coming to the U.S., such as the alien spouse's I-797, I-20, IAP-66; and
  7. Marriage certificate.

Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

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Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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