Evans, GA Immigration Law Firms & Lawyers

Best wishes for your upcoming marriage. A U.S. Lawful Permanent Resident may sponsor a spouse for immigration in the Family-based Second Preference (F2A) visa category. According to the February, 2017 Visa Bulletin issued by the U.S. Department of State, there is a visa backlog in this category (visas now are available for applicants who filed their I-130 on or before April 15, 2015), and until the Visa Bulletin shows that an applicant's Priority Date has been reached, an I-485 application for adjustment of status application cannot be filed. There is no visa backlog for spouses of U.S. citizens, who qualify for the Immediate Relative visa category. One option may be to file a Form I-130 now in the F2A category, and if your spouse becomes naturalized before your Priority Date becomes current you could request that the visa category become upgraded to Immediate Relative. There are many details that should be considered in addressing immigration application strategies, including information about your own current immigration status, and the application process often is significantly more complex than it might appear from just reading the material posted online by the USCIS and reading the immigration regulations. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information about you and your fiance, would advise about immigration eligibilities, options and strategies and could offer legal representation in the application process (perhaps including representing your fiance in the naturalization application process to help assure that it becomes successful at the earliest possible time). 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, immediately upon filing a Form I-485 Application for Adjustment of Status, a foreign national becomes an Applicant for Permanent Residency, authorized to remain in the U.S. while that application is pending. If a foreign national entered the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, the foreign national successfully may go through the Adjustment of Status application process even if he/she may have overstayed an initial visa. Additionally, note that while there may be some advantages to supplying a Form I-693 Medical Examination Report with the application forms, that no longer is necessary and may be supplied later. It would be wise to work with an immigration attorney who, after learning all of the relevant information about you and the foreign national, would be able to advise about eligibilities, options and strategies and would be able to offer legal representation in the application process - a process that often can be significantly more complex than it appears.

Sure you can. If your husband is a citizen, you can apply for waiver of joint filing requirement if you need to submit I 751. If you have a 10 year green card, move out and file for divorce/order of protection if necessary. There are always options. You are not stuck with him.