Matawan, NJ Immigration Law Firms & Lawyers

The fact that your husband is on government assistance will make your change of status extremely difficult, since he will not qualify to sponsor you since he does not have enough income for the affidavit of support. You will need a joint or co-sponsor who qualifies financially under the guidelines for the affidavit of support. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.

Having obtained the green card through marriage, the bona fide nature of your prior marriage is part of the examination of a U.S.C.I.S. officer at the time you apply for naturalization, even if you do it on the basis of five years instead of three. That being said, as long as you had a bona fide marriage and have some documentation to prove that you were together, the prior marriage should not be an obstacle to your obtaining US citizenship.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.  

I will assume for purposes of your question that you are a US citizen and that your immediate relative spouse has been denied an immigrant visa. In that case, the consular officer would generally notify your spouse as to whether she is eligible to file for a waiver of excludability. If the ground of denial was fraud or misrepresentation, she would have to file an I-601 application to waive the ground of exclude ability. If she was previously deported from the US, she would have to file form I- 212 request for advance permission to reapply after deportation or removal.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.