Grosse Pointe Park, MI Immigration Law Firms & Lawyers

It depends on your daughter's age: 1) if she were under 18 when you married your U.S. citizen wife, your wife can sponsor your daughter, and a) if your daughter is still under 21, she can get an immigrant visa in about 1 year; b) if your daughter is over 21 and not married, she can get her visa in about 7 years (but if she was born in the Philippines, it will take 15 years; if in Mexico - 19 years); c) if your daughter is over 21 and married, she can get her visa in 10 years (19 years for Mexico, 20 years - for the Philippines); 2) if your daughter were over 18 when you married your U.S. citizen wife, - your wife cannot sponsor your daughter, and, on your petition, a) if she is under 21 and not married, your daughter might get an immigrant visa in 2.5 years (unless she turns 21 while waiting for her visa, in which case things get too complicated for a discussion here); b) if she is over 21 and not married, she will have to wait about 8 years (about 20 years if she was born in the Philippines or in Mexico); c) if she is married, you cannot sponsor her until you become a U.S. citizen.

You have a sticky situation in which I do not see an easy answer if you take affirmative action. Your choices appear to be filing an I-751 at this time with the explanation that the untimely filing should be accepted because USCIS made the error – but you would have to prove entitlement to the application on the merits. If you apply for citizenship, an immigration officer is likely to catch the error at interview, and probably request that you file an I-751 at that stage or possibly refer your matter for removal proceedings. (I believe that a reasonable officer would give you a chance in light of the USCIS error). Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.

You can apply for her green card only after your marriage. Then file the following Forms: I-130, I-485, G-325A, I-765, and I-864. You should consult with an experienced immigration lawyer before filing. If done correctly, the entire process only should take about 3 months from start to finish.