Brookhaven, GA Immigration Law Firms & Lawyers

You may process your green card in the US since you entered lawfully. Your overstay of the visa will be excused based on your marriage to a US citizen. You will likely need a joint financial sponsor to confirm you will not go on welfare. If you leave an process, you may be subject to bars and then need a waiver. You should definitely process here.

Sometimes a DNA paternity test can be useful. Especially with the complications your mentioned, it would be wise for you and your father to work with an immigration lawyer. 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.

Generally, a foreign national who entered the U.S. lawfully and with inspection (such as with a visa that authorized employment) can become married to a U.S. citizen, and then succeed in a marriage-based adjustment of status application process to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national spouse overstayed an original visa and even worked without authorization (no signed apology letter is needed). Of course, there are many other details too that determine eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.