Blackshear, GA Immigration Law Firms & Lawyers

Although not completely clear from your question, it sounds like you entered the U.S. with a student visa genuinely intending to attend the college associated with that visa, but then for the reasons you mentioned you did not attend that college; you overstayed your visa; and now, following the Supreme Court's Obergefell v Hodges decision, you are contemplating marrying a U.S. citizen. If this is correct, then you may be able to become married and adjust status to become a Lawful Permanent Resident (to get a "Green Card") without needing a waiver. It would be wise to consult with an immigration attorney who, after learning all of the relevant information about your and your fianc?, could advise about immigration eligibilities, options and strategies and represent you in an appropriate application. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

In a naturalization application, the failure of the applicant's spouse to file tax returns should be irrelevant. If the Permanent Resident has filed tax returns as "Head of Household," however, there can be serious complications, since that generally is available only to people who are not married. It would be wise to obtain a professional opinion about the appropriateness of your filing as Head of Household - if it was lawful, then you should plan to provide evidence of its lawfulness in the naturalization application process; if it was not lawful, then you should speak to a tax professional about filing an amendment to your returns prior to commencing the naturalization application process.

Generally speaking, you need a state issued or federally issued identification card to board an airplane. If you have already submitted an application to renew the green card, you will likely receive an appointment for biometrics within approximately 30 days. At such time, the Application Support Center will likely issue an extension of your permanent resident card with a sticker on the back side. At that time, you would then have an unexpired permanent resident card. There is also a chance that you can schedule an infopass with your local U.S.C.I.S. field office, explain the situation, and it may issue a temporary proof of your ongoing permanent residence.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.