Published on Lawyers.com and the Epoch Times on December 27, 2013

Q & A 1. 2. 3. 4.

Q&A 1.


What Kind of Document Do I Need to Get Married?


I was divorced 3 months ago ,now I want to marriage with a women at my home country. What kind of document do I need to have .so I can go to the country to get married with her.

Mr. Lee answers:

Different countries have different documentary requirements for getting married, so you should check with your home country on that score. Insofar as U.S.C.I.S. is concerned, and assuming that you will later sponsor her for permanent residence (this being an immigration related forum), you would have to present copies of your US citizen or permanent resident status, marriage certificate, proof of dissolution of all former unions for both you and your wife, two passport type photos from both of you, and fill out forms I – 130 (by you) and G-325A biographic data sheets (both you and your wife).


Q&A 2.

E-1 Spouse Question

I hold an E-1 Visa My wife also has it from me as well. She started working in my E visa issuing company's sister firm last year. We found out today that her having E visa may not be sufficient alone for her to work, she may need an EAD card (?) We are applying on behalf of her for Form I-765 immediately (in 24 hours literally!) but she was working for a year last year. What should we do for last year? We really did not know otherwise, we would have applied earlier. She even told last year to the Customs officer when she entered US that she is working. The officer in return wrote the company name on her I94 as an additional remark on the back of the card. What we knew so far was what is written on SSN Admin's webpage copied below that fits her: https://secure.ssa.gov/poms.nsf/lnx/0110211420#g1 "Aliens employment-authorized without specific DHS authorization. The following chart lists, by COA code, non-immigrants authorized to work in the U.S. without specific authorization from DHS.

Mr. Lee answers:

Although it is confusing, a dependent spouse holding an E1 visa has no authorization to work through the status alone. As you know by now, an I-765 application must be submitted and approved for your wife to have employment permission. If your wife was working for a year last year, the earnings have undoubtedly already been reported on your tax returns, and there is nothing to be done at this time. To show compliance now, your wife should stop working until the EAD is approved.



Q&A 3.

How Can I Establish an Identity Without a Birth Certificate or Passport?

I came to USA as a child now an adult not yet 30yrs old. I want to apply for DACA but have no birth certificate or passport. I don't have a criminal record but having a difficult time find a low cost lawyer or pro bono can help me to establish some kind of legal status.

Mr. Lee answers:

Identity can be proven by passport, birth certificate accompanied by photo I.D., a national identity document of the country of origin bearing photo and/or fingerprint, U.S. government immigration or other document bearing the name and photograph including employment authorization documents, expired visas, driver's licenses, non-driver cards, etc., any school issued form of ID with photo, military identification documentation with photo, or any other document that the applicant believes is relevant. 


Q&A 4.

How Can My Wife Change Her Visa Status From F2 to F1 When Her Visa is Expired?

My wife wants to enroll in college. She needs to change her status. Our visas are expired but we are legal because we have our I-20 working until May 2014 because I’m a current student. Is there a way to change the status of that expired visa without leaving the country?

Mr. Lee answers:

The visa controls the periods of time under which you and your wife can enter the country; it does not control legal status once you are here. That control is exerted by U.S.C.I.S. As long as you are maintaining F-1 status, you and your wife are both legal and your wife is eligible to change her visa status from F-2 to F-1. She would make the request of U.S.C.I.S. on form I-539 with payment of fees of $200 for the SEVIS form and $290 for the application.


 

 

Copyright © 2003-2013 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.

 
   
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