Peachtree Corners, GA Immigration Law Firms & Lawyers

If you wife does not sign and you get a divorce, then you most present a waiver at the time of the interview with enough supporting evidence to prove that your marriage was valid at inception and was never a sham (fraud). If you can do that, even when you have gotten a divorce, you can still receive your permanent resident's card.

Under present law, your son is eligible for adjustment of status under the original petition. The marital relationship was adjudged bona fide by USCIS as you are now a US citizen and could only have been adjusted to permanent residence through the petitioner of your K-1. The crux of the matter is that the original petitioner either had to have filed an I-864 affidavit of support in the past, or he is willing to do it now. 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.

Generally, an unpaid debt, or even a civil court judgment, will NOT stand in the way of eligibility to become a Permanent Resident. It would be wise to work with an immigration attorney to represent you and your spouse in the consular processing steps. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.