Saguache, CO Immigration Law Firms & Lawyers

Since you are no longer married, the application should be on the basis of 5-year permanent residency. You should expect having to prove to USCIS that your marriage was a true marriage (not just to get you a green card).

If your son is unmarried, older than 21, and not from China, India, Mexico, or the Philippines, it will take approximately 8 years before he will qualify for his residency. If he is under 21, it will take approximately 2 years.

U.S.C.I.S. unfortunately has a history of mishandling I-130 approvals occasionally and not obeying the wishes of the petitioner – in some instances housing I-130 approvals when asked to send them forward for consular processing and in others sending them to the NVC for consular processing when asked to hold them for adjustment of status. In your case, however, the situation is not drastic and so, assuming that you are still in legal status at the time that your priority date becomes current or your spouse becomes a US citizen, you can file the I-485 adjustment of status application in the States with a copy of the I 130 approval. It will be up to U.S.C.I.S. to retrieve the approved petition from the NVC if it wishes to have the petition on hand at the time of the interview.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.