Thomaston, GA Immigration Law Firms & Lawyers

Best wishes for your plan to become married. Although not clear from your email, I presume that you are a U.S. citizen and that your fianc? entered the U.S. lawfully and with inspection (regardless of whether he may have overstayed his initial visa). The USCIS is inconsistent in its application processing time, but for properly prepared and fully documented application packages, the USCIS's Atlanta Service Center now is adjudicating cases filed approximately eleven months ago. While that may be a reasonably good indication that a newly filed case will be adjudicated in about 11 months, the USCIS is inconsistent in processing times, with some cases concluded significantly earlier than eleven months. After filing of an application, a foreign national spouse would be lawfully present in the U.S. and in approximately 90 days could expect to receive an Employment Authorization Document (an "EAD" or "work permit") authorizing employment while waiting for the adjustment of status case to be concluded so that he will become a Permanent Resident (will get a "Green Card"). Of course, there are other details that determine eligibility. 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.

Although divorce records are available directly from the court that granted the divorce, and I presume that you supplied copies of divorce documents to the USCIS when you applied for adjustment of status through your marriage to your current husband, a copy of that divorce decree should be unnecessary in applying for naturalization based upon either (1) five years of Lawful Permanent Resident status or (2) three years of Lawful Permanent status while married to a U.S. citizen spouse. Similarly, if you and your first husband filed joint tax returns, you should be able to get a copy of the transcript directly from the IRS and that would show your former husband's Social Security Number, but knowledge of his Social Security Number should be unnecessary in applying for naturalization based upon (1) or (2).

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Were you charged with a felony or misdemeanor? Did you receive any jail time, and if so, how much? What was the value of the theft? What was the date of your conviction? Since we do not have all the facts, it is impossible to give a meaningful answers. 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 case. (S)he would then be in a better position to analyze your situation and advise you of your options.