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Hi - I just became a US citizen last week (naturalization). My wife (Romanian citizen) and I have been married for almost 5 years and have been living together in US during this period. During this time she had been in the US under her L1-B status which expired on January 18th, 2013. On January 16th, 2013 we filed for an extension to her L1 to capture her time spend out of US during the last five years (60 days). We received the receipt of her extension application dated Jan 17th, 2013.
Here are my questions:
1. Our attorney tells us that since her extension for L1 was filed before her L1 expired, she is considered to be in legal status in US until the application is adjudicated. Can you confirm if this is true?
2. Since now I’m a US citizen, we want to file for her green card asap by filing i130, i485, and i765 concurrently. Can we do this while her L1 extension application is pending? Could this complicate anything?
3. The i485 asks about details from her last entry to US and expiration date on i94. Since the expiration date on her i94 is January 18, 2013 and now its past that date, will it make it appear to the adjudicating officer that she is out of status in US (because they will not know that we have a L1 extension application pending)? Could this in any way trigger deportation proceedings because of i130 being filed? Are spouses of US citizens treated differently in this regard?
4. In addition to i130, i485, and i765, I understand that we need to file i693 (medical) and i864 (affidavit of support). Are there any other forms required to be filed?
5. Are these forms all to be mailed together to the same address? What address?
6. The forms require photo-copies of certain documents. Can we just include regular photocopies or do they need to be notarized? Do we need to send originals of any documents?
Thanks in advance for your assistance!
Here are my questions:
1. Our attorney tells us that since her extension for L1 was filed before her L1 expired, she is considered to be in legal status in US until the application is adjudicated. Can you confirm if this is true?
2. Since now I’m a US citizen, we want to file for her green card asap by filing i130, i485, and i765 concurrently. Can we do this while her L1 extension application is pending? Could this complicate anything?
3. The i485 asks about details from her last entry to US and expiration date on i94. Since the expiration date on her i94 is January 18, 2013 and now its past that date, will it make it appear to the adjudicating officer that she is out of status in US (because they will not know that we have a L1 extension application pending)? Could this in any way trigger deportation proceedings because of i130 being filed? Are spouses of US citizens treated differently in this regard?
4. In addition to i130, i485, and i765, I understand that we need to file i693 (medical) and i864 (affidavit of support). Are there any other forms required to be filed?
5. Are these forms all to be mailed together to the same address? What address?
6. The forms require photo-copies of certain documents. Can we just include regular photocopies or do they need to be notarized? Do we need to send originals of any documents?
Thanks in advance for your assistance!
