CONDITIONAL PERMANENT RESIDENCY APPROVED FOR VISA WAIVER CLIENTPublished: May 13, 2013
Our client is a native and citizen of Italy. She has previously been in the United States on a temporary basis as a J-1 exchange visitor, during which time she met and fell in love with her United States citizen husband. Our client was not subject to the 2-year foreign residency requirement for J-1 exchange visitors.
The couple planned to get married in Italy this summer, and our client’s husband intended to petition for her and she intended to visa process, obtain lawful permanent resident status, and reside in the United Stats. Our client recently returned to the U.S. under the Visa Waiver Program as a visitor to spend time with her fiancé and his family prior to their wedding in Italy.
During this time, our client and her fiancé consulted with our office. We advised them of the lengthy process they would have to go through after their marriage for the adjudication of an I-130 petition and the processing of a visa application by the National Visa Center and the consulate in Italy.
Although our client planned to return to Italy after admission under the Visa Waiver Program to get married, the couple changed their mind because of the potential period of separation. They decided to get married in the United States during our client’s 90-day period of admission.
We advised our client what documentation would be necessary for the concurrent filing of our client’s husband’s petition and our client’s application for adjustment of status, including documentation to prove the bona fides of the couple’s marriage. We prepared all of the appropriate paperwork necessary for the granting of lawful permanent resident status in U.S., as well as an application for employment authorization and permission to travel outside the U.S. that were timely approved. We prepared our client and her husband for their interview under oath with USCIS and appeared with them in the event any problems arose.
Our client’s husband’s petition and our client’s application for adjustment of status were approved without difficulty. Our client is now a conditional permanent resident because she was not married for two years at the time of the application for her lawful permanent resident status. She is now on her way to Italy to celebrate her wedding with her husband and her family.