Bayonne, NJ Immigration Law Firms & Lawyers

Hi Ari.  There are two pathways to accomplish your goal. The first is to marry the foreign national immigrant, and then she would apply for a spousal visa at the US consulate overseas. The second pathway is for you to file a sponsorship for her fiancé K visa, and then she would Process at the overseas consulate. Both pathways are taking roughly the same time, with the fiancé K visa pathway taking slightly less time. Keep in mind that if you use the fiancé visa approach, you have to have physically met the woman within two years of filing your sponsorship. Counsel in any state can represent you, and some of us take the case for a flat fee with no hidden costs from start to finish.    

If everything is regular, I do not see that you would have a problem renewing the green card even though it expired in 2013. The expiration of the green card does not mean that you are no longer a permanent resident. 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.  

First, a co-sponsor does not have to be your (or your fiancee's) relative; it can be any citizen or permanent resident of the U.S. who has enough income to qualify under the 125% poverty guidelines. Remember, a co-sponsor must independently qualify; his/her income cannot be added to your income. If you absolutely cannot find find a co-sponsor, and your income is just under the required level, you have 2 options: a) get a second job; or b) try to qualify by using your assets. The rule is that the value of your assets must exceed 5 times the difference between your income and the 125% poverty guideline. For instance, let's say you have no dependents and your income is $19087 a year, so you are $300 short of the applicable guideline. In this case, you would need to show assets worth $1500 to cover the shortfall. It does not have to be money in the bank - it can be the balance of your retirement account, value of your car, or even jewelry.