Elmira, MI Immigration Law Firms & Lawyers

You should be able to use your wife's income, but you will need to sign the I-864 and have her sign an I-864A. If you do not file joint tax returns, that could be a problem.

Fiancee Petition or K3 Spouse Petition. A Fiance Petition needs to be prepared. This is a petition that will allow your fiance to come to the U.S. in a relatively short period of time. Usually, it takes around 6 to 9 months for the petition to be approved at immigration in the United States. Subsequently, the approval would be sent to the U.S. Consulate or Embassy in your fiance's home country. When your fiance comes to the U.S., you will have ninety days to get married. Our firm can prepare the entire Fiance Petition and make it so it goes smoothly and correctly. You have to have physically seen your Fiance in the last two years. Alternatively, a K-3 Petition can be prepared. This is where you will marry your fiance or have already married outside of the U.S., and then the petition can be approved in three to four months for your then spouse to enter the U.S. Upon entry to the U.S., it would be possible to then prepare and file the Adjustment of Status application. Both the K-1 and the K-3 visas take about the same time.

1) Yes but I would recommend filing your adjustment as well if you are from a country where you can do that because of the conflicting intent problem. 2) For your fiance to benefit through your application you just need to be married before your adjustment is approved. We would need to be retained to analyze the best strategy for both of you depending on the benefits being obtained through F-1 or F-1 OPT, timing to get the work card through I-485 if you are even eligible to concurrently file both stages.