North Metro, GA Immigration Law Firms & Lawyers

Generally a U.S. citizen's previous criminal arrest/conviction history will have no bearing on his eligibility to sponsor a spouse in immigration applications. It would be wise, however, for you and your husband to consult with an immigration attorney before commencing an immigration application.

Yes, your daughter can file a petition for you, and it does not matter if your permitted stay in the U.S. has expired. An important requirement is that she will have to file an affidavit of support showing that she earns enough money to support you above the federal poverty level. Until you would become a U.S. citizen, you will not have the right to receive any public support - no Social Security, SSI, disability, Medicaid, welfare, food stamps, or subsidized housing. As a condition for giving you a green card, the government wants a guarantee that, if you need support, someone - not the public - will pay for it. If your daughter's income is not enough, she will have to find somebody who would agree to become such guarantor. If your husband is your daughter's father, the same applies to him. If he is not your daughter's biological or adoptive father, she can still petition for him if he became her stepfather before she turned 18. Otherwise, he will have to return to his country and wait for approval of the petition you can file after receiving your green card.

Generally a foreign national in the U.S. with an H1B visa, who becomes married to a U.S. citizen, may complete a marriage-based adjustment of status application process. The U.S. citizen must file with the suite of applications a Form I-864 Affidavit of Support even if her income alone is insufficient to meet the requirements. The U.S. citizen spouse may demonstrate her financial ability to meet the requirements based upon a relatively new job, but that will require such things as an appropriate employment verification letter from the employer, an employment contract and/or evidence that she is actually receiving the contracted wages. The foreign national spouse also may participate in the Affidavit of Support process and have his income included when legal requirements are met. Beyond the forms mentioned in your question, the couple will need to file other material too, including Biographical Information forms, birth records, evidence that the couple is living together in a bona fide marriage, etc. There is no legal requirement to file a Form I-131 application, although when a foreign national is in valid nonimmigrant status at time of filing it usually is appropriate to file that, too (the USCIS no longer has a separate and additional filing fee for a Form I-131 application). The application process often can be significantly more complex than it might appear simply by reading the forms, their instructions and material available on the USCIS website. Errors made in preparing the forms and supplying supporting documents can cause delays and even more harsh consequences. Especially since it appears that your daughter and her fiance are less than thoroughly familiar with the application process, it would be wise for them to work with an immigration attorney.