Great Neck, NY Immigration Law Firms & Lawyers

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that you will need to file I-485 and supporting documents. You may also need to file a waiver.

Fiance visas are only for intending spouses of U.S. citizens, not intending spouses of permanent residents. If you do get married though to the permanent resident the PR can file the first stage petition for you to get a place in line. If you are in the U.S. you would need to maintain your non immigrant status while waiting for your Priority Date to be current. If the PR does become a citizen then your case can immediately be upgraded to an immediate relative case.

1) You need to have competent counsel talk to your aunt to review her denial of her removal. There is a difference between not showing enough evidence to prove good faith marriage and having USCIS determine the marriage was in fact fraudulent. If the latter she will be put in removal proceedings and can renew her application there. She needs to pull together everything she can to show her first marriage was not done just to get immigration papers. Marrying someone else does not cure the fraud as fraud prevents her obtaining permanent residency through not only her first marriage but almost any other avenue. 2) With regard to the children of your aunt there does not appear to be uniformity in how they are treated when USCIS believes the primary marriage is fraudulent. The facts and duration of your aunt's relationship to her spouse will be critical to both cases.