Alachua, FL Immigration Law Firms & Lawyers

If the immigrant receives any “means-tested public benefits,” you are responsible for repaying the cost of those benefits to the agency that provided them. If the debt is not repaid, the agency can sue you in court to receive the money owed. When in doubt, ask the benefit provider if the benefit is a “means-tested public benefit.”Also and more importantly is the J visa she's on subject to the two year home requirement. If so then that could pose problems if she marries then tries to adjust to her green card. 

If your child was born out of wedlock (no marriage) after November 14, 1986, she can apply for proof of her citizenship if she can establish the following about her father: 1. That he is a US citizen at the time of your child's birth, 2. That he was physically present in the US for 5 years after his birth (two of which was after the age of 14), and 3. That he legitimated or accepted the child before she turned 18.

If you both decide to get married in China, you would need to file a Petition for Relative (Form I-130) with the USCIS, then file an Application for a Non-immigrant K-3 Visa (Form I-129), process the K before the US Consulate in HK, and finally, have her file an Application for Adjustment of Status (Form I-485) upon her arriving in the US. If you get married in the US after her being admitted as tourist, you would both file a "one step" package with the USCIS including the Form I-130, Form I-485 and an Application for Work Authorization (Form I-765) allowing your wife to work while her petitions is pending. It would take the USCIS approximately 6 months to adjudicate the "one step" package.