Fairview, TX Immigration Law Firms & Lawyers

The normal practice where an individual entered the country legally and has no documentation of entry would be to file an I-102 application to replace an I-94 card. The chances of an entry being located are more where individuals came in by air or by sea. Land border crossings may prove more difficult to prove where a person claims a legal entry. If you are not able to obtain proof of entry, you are not adjustable to permanent residence even if you marry a US citizen unless you have the benefit of §245 (i), under which individuals would have had to have a labor certification application or immigrant visa filed on their behalf by April 30, 2001 and be physically in the cpuntry on December 21, 2000.  If you have neither siyuation, you may still be able to obtain permanent residence outside the US by having the I-130 petition approved, filing and seeing the results of an I-601A waiver application while still in the US, and if approved, going outside for a consular interview which would in all likelihood result in an immigrant visa. The I-601A waiver waives the 10 year bar for being illegal in the US for at least one year and is based upon establishing extreme hardship to a US citizen spouse or parent. I note that the classes of persons who can make use of it are expected to expand in the very near future to all classes that are immigrant visa eligible and the qualifying members for hardship to also include permanent resident spouses and parents. 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.    

If your wife is not working, you can use up to 2 joint sponsors to meet the minimum income requirement. The joint sponsors will need to complete form I-864 and submit proof of employment and their most recent tax return. If the joint sponsor(s) will be including the income of household member(s), the household member(s) will need to submit form I-864A.

You are correct, if you marry then you can apply to adjust your fiance to permanent residence since she entered on a visa. Once you turn 21, you can file a petition for your mother. If your grandmother filed for your mother before April 30, 2001, she would have 245(i) benefits. This is especially important if your mother has fallen out of status or entered without inspection. Since you are in the military, there could be a parole in place benefit for your mother too. You should consult with an attorney to get all of this started and to plan for the future. You should also make your intentions known, just in case you become incapacitated. That could help to make humanitarian or posthumous benefits easier for her to claim through you.