Augusta, GA Immigration Law Firms & Lawyers

Best wishes with soon having a baby and being a parent! Generally, if a foreign national enters the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, the couple may succeed in a marriage-based adjustment of status application so that the foreign national will become a Lawful Permanent Resident (will get a "Green Card"). This is true regardless of whether the foreign national may have overstayed her initial visa. (By the way, the time permitted for her to remain in the U.S. is not governed by the 10-year period of validity for her multiple-entry visitor's visa, but instead is governed by the I-94 granted at time of admission.) More information would be needed in order to analyze whether the receipt of public assistance for the baby might interfere with eligibility for the mother to adjust status.

Assuming you are a U.S. citizen, there are two primary options for you and your fianc? to consider: you could get married in Scotland (or any other country outside the U.S.) and then proceed with consular processing to seek to authorize your husband to enter the U.S. and become a Lawful Permanent Resident (to get a "Green Card"), or you could petition for him to receive a fianc? visa which would authorize him to enter the U.S. to become married to you within the required time, and then proceed with a marriage-based adjustment of status application (with an application for him to receive an Employment Authorization Document allowing him to be employed while the adjustment of status application remains pending). There are advantages and disadvantages to each option, and the costs (including attorney's fees for legal representation) would depend upon both the choice of process and details not mentioned in your questions. It would be wise for you and your fianc? to consult with an immigration attorney who, after learning all of the relevant information about both you and your fiance, could advise about immigration eligibilities, options and strategies, including advice about costs/fees, time to achieve your goals, and attaining eligibility to work, and who could offer legal representation for the often complex application process.

Generally, if a foreign national has entered the U.S. lawfully and with inspection, and he later becomes married to a U.S. citizen, the couple may successfully pursue a marriage-based adjustment of status application process. This is true even if the foreign national may have long overstayed an initial visa. The application process includes multiple steps, including filing properly prepared and fully documented Petition for Relative Alien, Application for Adjustment of Status (with an application for an Employment Authorization Document), biographical information forms, an Affidavit of Support by the U.S. citizen spouse (and by a joint sponsor if the U.S. citizen spouse does not have sufficient documentable income, etc. It would be wise for you and your fiance to consult with an immigration lawyer who, after learning all of the relevant information about your fiance, about his immigration-related history, about you, etc., would be able to advise about immigration eligibilities, options and strategies, and could offer legal representation in the often quite complex application process.