Roswell, GA Immigration Law Firms & Lawyers

Generally in a marriage-based immigration adjustment of status application process, a wife may select whether to use her maiden name or her husband's last name, and this is true regardless of how the wife's name was identified on a marriage certificate. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information about you, your wife and your goals, could advise about eligibilities, options and strategies and then could offer legal representation in the application process.

There are several factors relevant to what process you take. First, is your husband in the US or in Jamaica? If he is in Jamaica, you have to decide whether to file through the Jamaican Consulate Office or whether you want to file for a K-3 visa. If your husband is in the US, and if he qualifies to adjust status in the US, you need to file an adjustment of status. A standard adjustment of status usually takes between 4 and 6 months, but the specifics of a case may cause it to take longer. If you are unsure of how to go about the process, I recommend obtaining the assistance of an immigration attorney.

Although not clear from your question, I presume that you are a U.S. citizen. Generally a U.S. citizen age 21 or older may petition for a parent who lawfully entered the U.S. with inspection (such as through a B1/B2 visitor's visa with six months' validity) to adjust status in the Immediate Relative visa category, and this is true regardless of whether the parent may have overstayed a visa. The application process would include an application for an Employment Authorization Document, which the USCIS issues within 90 days of filing the application, and that authorizes employment during the period that the adjustment of status application remains pending. If the U.S. citizen child does not have sufficient documentable income to meet the Affidavit of Support requirements, then it will be necessary to have a "joint sponsor" - a joint sponsor generally may be any U.S. citizen or Permanent Resident who has sufficient documentable income for his/her family size and who is willing to have the responsibilities specified in the Affidavit of Support. You have asked what will be needed for a successful application. While generally that will require a properly prepared and fully documented Form I-130 petition for relative alien and a properly prepared and fully documented Form I-485 application for adjustment of status (along with an application for an Employment Authorization Document), the challenging part often is in providing full and complete sets of supporting documentation for each application. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information about you and your mother, could advise about immigration eligibilities, options and strategies and could offer legal representation for the application process.