West Point, GA Immigration Law Firms & Lawyers

Yes. Generally, as long as the couple is of legal age to marry (and not ineligible to marry for other reasons), the U.S. citizen may petition for her fiance to get a K-1 fiance visa for the purpose of entering the U.S., becoming married within the required time, and completing the Adjustment of Status application process so the foreign national spouse may become a Lawful Permanent Resident (get a "Green Card"). 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.

When an adult U.S. citizen sponsors a parent in the adjustment of status application process, the U.S. citizen must file an Affidavit of Support regardless of his/her income or history of filing tax returns. If the U.S. citizen does not have sufficient documentable income (as would be the case where that person was not required to file a tax return), then it would be necessary to have a joint sponsor as part of the application process; the joint sponsor would need to provide an Affidavit of Support too, and would need to provide documentary evidence of sufficient income to meet the legal requirements for the applicable family size. 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 in the Affidavit of Support. In the application process it may be necessary to show the USCIS that the petitioning U.S. citizen did not file a tax return because he/she had insufficient income to be required to file the tax return. It would be wise for your family 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 would be able to offer legal representation in the often complex application process.

Significantly more information is needed in order to provide a legal analysis of ways your husband may be able to attain immigration benefits through a marriage-based application. This includes, for example, information about your own immigration status (Are you a U.S. citizen? Are you a Permanent Resident? Do you have some other status?); information about your husband (How and when did he enter the U.S.? What is his current immigration status? What immigration-related applications every before have been filed by or for him?); Etc. There really is no substitute for you and your husband 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.