Cochran, GA Immigration Law Firms & Lawyers

Generally a foreign national in the U.S. with an H1B visa, who becomes married to a U.S. citizen, may complete a marriage-based adjustment of status application process. The U.S. citizen must file with the suite of applications a Form I-864 Affidavit of Support even if her income alone is insufficient to meet the requirements. The U.S. citizen spouse may demonstrate her financial ability to meet the requirements based upon a relatively new job, but that will require such things as an appropriate employment verification letter from the employer, an employment contract and/or evidence that she is actually receiving the contracted wages. The foreign national spouse also may participate in the Affidavit of Support process and have his income included when legal requirements are met. Beyond the forms mentioned in your question, the couple will need to file other material too, including Biographical Information forms, birth records, evidence that the couple is living together in a bona fide marriage, etc. There is no legal requirement to file a Form I-131 application, although when a foreign national is in valid nonimmigrant status at time of filing it usually is appropriate to file that, too (the USCIS no longer has a separate and additional filing fee for a Form I-131 application). The application process often can be significantly more complex than it might appear simply by reading the forms, their instructions and material available on the USCIS website. Errors made in preparing the forms and supplying supporting documents can cause delays and even more harsh consequences. Especially since it appears that your daughter and her fiance are less than thoroughly familiar with the application process, it would be wise for them to work with an immigration attorney.

There is not enough information here, but if your mother became a citizen when you were over 18, you would need to file for the citizenship separately. You might still qualify, you need to meet with an attorney.

Generally, the USCIS will recognize a marriage if it was valid in the place where it was consummated. Few states continue to recognize common law marriage; some have important residency requirements; and some do only for marriages that were created before a specified date (i.e. before the state discontinued allowing common law marriages). Beyond that, proving to the USCIS the existence of a legally valid common law marriage can, itself, be challenging (beyond the usual requirement for all couples that they prove that they are living together in a bona fide marriage). Especially under the circumstances you described, it would be wise to engage an immigration attorney to represent you in a marriage-based immigration application.