Sylvester, GA Immigration Law Firms & Lawyers

Right now, the fiance visas are processing in 2 to 3 months. Then, she will go to the Embassy to process. You need to be able to be legally married and thus should wait until she is 18 to file the K1/fiance visa.

Generally a U.S. citizen age 21 or older may petition for a parent to adjust status in the U.S. through an application in the Immediate Relative visa category, and there is no requirement that the parent and child live together or even in the same state. There are many other details, however, that govern eligibility, including details about the parent's entry into the U.S., date of entry, and more. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, would be able to advise about eligibilities, options and strategies and offer legal representation for the process which often is more complex than it may appear.

Best wishes with your marriage plans. Be aware, however, that there may be advantages to applying for your fiance to get a fiance visa to enter the U.S. and marry you here, and then pursuing a marriage-based adjustment of status application, rather than to marry in India and then pursue consular processing. Beyond that, be aware that if you do not have sufficient documentable income to meet the Affidavit of Support requirements, it may be necessary for include a joint sponsor in the application process. Generally, a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated for the Affidavit of Support. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.