Legality of I-485/I-130 filing
I married my Canadian wife in November 09 in the US. She had entered the country as a visitor. She flew back to her expatriate parents in Australia. She re-entered the country - POE was LAX - and we linked up in North Carolina to drive north to pick up her belongings in Montreal. We exited the US and then we re-entered. USCIS gave us some difficulty at the border but they let us in together. Now I know I need to file the I-130 form, and I am hoping to file an I-485 for AOS and I-765 so she can work. Is this legal? She is here legally as a visitor with 6 months to stay.
This is a touchy topic. As long as you revealed to the Post during your last entry that you were married, I see no problem with the 130/485 combo.
First of all thanks to Mr. Rajiv Khanna for finding time for me and many others for free consulatation. I am from India and I went to USA in the year 2006 and 2009 on J1 visa. Currently I am in Italy and I have to start the J1 waiver process. As there is not enough information avialable for people like me who are neither in USA nor in India at the time of applying for J1 waiver. So I consulted Mr. Khanna and he told me that the Indian consulate in Italy should be contacted first and they should attest the documents. He is right because you can not send your original passport to anywhere else other than government offices in the country you are living in. Once I ge the attestation done, I will send the documents to India to obtain clearance from the three departments. I told Mr. Khanna that this is like a social service what he is doing because my experience with the other lawyers of Indian origin is not so pleasant. Bye