Ackerly, TX Immigration Law Firms & Lawyers

Marriage to green card holder falls under a quota, so no immediate adjustment for anyone. And, if you are out of status, no adjustment even when quota is current. And, if you leave for visa interview, you will be subject to the 10 year bar. The best is to wait until your spouse is a US citizen, then file for adjustment.

It may be possible for you to apply for your fiancé or under a K-1 visa. That usually requires that the couple have met at least once within the past two years. However, it is possible that U.S.C.I.S. could waive the requirement based upon your explanation. The application form is the I-129F and requires biographic data sheets from both of you along with passport type photos, evidence of your bona fide relationship and promise to marry within 90 days after her entry into the States. Dependent upon your present income, you may or may not have to obtain a financial cosponsor to have your fiancée enter the country. In addition, you should work to make your child support payments current as the avoidance of child support may ultimately bring you trouble with the law.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.