Legal Permanent Resident filing I-130 and I-485 for French fiance' (soon to be wife)

I am a Kenyan-born citizen/passport holder, and a Legal Permanent Resident of the United States of America (my greencard was issued on June 18, 2003). I work as a Corpoorate Banker in Manhattan, New York, and reside in Forest Hills, New York (in the borough of Queens).

· In May 2008 I am planning to marry my Russian-born fiance’, who currently resides in Moscow, Russia. At which time I plan to immediately submit a visa petition on her behalf (Form I-130, Petition for Alien Relative) so that she can immigrate to the U.S.A. as my wife (i.e. the wife of a Legal Permanent Resident). And once that petition is approved (and an immigrant visa number is available for her), I intend to also submit a greencard application for her, as the wife of a Legal Permanent Resident (Form I-485, Application to Register Permanent Residence or Adjust Status).



Background:



· Although my fiance’ is Russian –born, she is a naturalized citizen/passport holder of France, based on the fact that she was previously married to (and subsequently legally divorced from) a French-born citizen of France.

· I met my fiance’ five months ago when she was visiting New York for two weeks in October 2007 (she legally entered the U.S.A. as a French citizen/passport holder under the visa waiver program that the U.S. applies to French citizens/passport holders). She returned to Moscow at the end of the 2 week trip in October, but since that initial meeting she returned to New York again for two weeks in January 2008 (once again she legally entered the U.S.A. as a French citizen/passport holder under the visa waiver program that the U.S. applies to French citizens/passport holders). And she then returned to Moscow at the end of that two week visit to the U.S.A. Since then I have continued to court her, and from March 8-16, 2008 I went to visit her in Moscow, Russia, where I proposed to her and asked her to join me in the U.S.A. in May 2008, as my wife. She accepted.

· And so when she returns to the U.S.A. in May 2008, I intend to marry her in New York City and then immediately submit a visa petition on her behalf (Form I-130, Petition for Alien Relative) so that she can immigrate to the U.S.A. as my wife (i.e. the wife of a Legal Permanent Resident). And once the petition is approved and an immigrant visa number is available for her, I intend to submit a greencard application for her (Form I-485 (Application to Register Permanent Residence or Adjust Status).



We therefore have the following questions regarding this process, and we would greatly appreciate your legal counsel on these matters:



1. The USCSIS website’s instructions for I-130 say that “… If the Form I-130 petition is being filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, submit both forms concurrently to:

U.S. Citizenship and Immigration Services

P.O. Box 805887 Chicago, IL 60680-4120



Does this mean that I can submit her I-130 and I485 together and at the same time (in one common mailing) to the address highlighted above?



2. Does the fact that my fiance’ is a French citizen by naturalization (rather than by birth) have any impact on my I-130 visa petition on her behalf? And does it have any impact on her I-485 application for a greencard as the wife of a Legal Permanent Resident? Will the applications be impacted by the fact that she is now divorced from her French husband? Note: She does have the court papers confirming the laegality of the divorce, and she still retains her status as a naturalized French citizen/passport holder.



3. Since my fiance’ travels legally to and from the U.S. as a French citizen/passport holder under the visa waiver program, will she still be free to travel legally to and from the U.S. as a French citizen/passport holder under the visa waiver program at any time after I have submitted the I-130 visa petition on her behalf, and am awaiting the assignment of an immigrant visa number, and approval of her I-485 greencard application/adjustment of status request?



4. At what point in this process will she be permitted to legally work in the U.S.A.?



5. Will the filing of a Form I-131 (Application for Travel Document/Advance Parole) and a Form I-765 (Application for Employment Authorization) therefore be necessary for her to travel and work legally while we await approvals of her I-130 and I485?



6. Can the Form I-131 (Application for Travel Document/Advance Parole) and a Form I-765 (Application for Employment Authorization) be filed concurrently with the Form I-130, Petition for Alien Relative) and the (Form I-485 (Application to Register Permanent Residence or Adjust Status)? And if so does this mean that: (i) the for four forms and supporting documents could ALL be sent/filed together and at the same time (in one common mailing) to this address - U.S. Citizenship and Immigration Services, P.O. Box 805887 Chicago, IL 60680-4120? (ii) the $350 filing fee for Form I-131 and the $340 filing fee for Form I-765 would not apply, and only the $355 filing fee for Form I-130 and the $1,010 filing fee for Form I-485 would apply?



7. How long would you estimate the various stages of the process will take? i.e. approval of our I-130; State Department’s confirmation of the availability of an immigrant visa number; State Department’s approval/assignment of an immigrant visa number for my fiance’, approval of the I-485 (application for greencard as a spouse of a Legal Permanent Resident)? And again can you please confirm at what specific stages of this entire process she will be permitted to legally travel to and from the U.S.A., as well as legally work in the U.S.A. (and whether the I-131 and I-485 or any other forms are required to facilitate this)?



8. Can you provide an estimate of fees that your or any other legal firm/immigration lawyer would charge if we were to use them to submit all petitions and applications on our behalf?