Blakely, GA Immigration Law Firms & Lawyers

In connection with your first question about proving the relationship between you and your father, the USCIS will require a certified copy of your birth certificate with identification of your parents. Beyond that, evidence of your father's role in your life may include photographs, affidavits, school records, residential leases, etc. In connection with your second question, an adult U.S. citizen may petition for a biological father and the biological father's wife (the step-mother of the U.S. citizen), where both the father and step-mother reside abroad, through consular processing, including an application for the father as the primary beneficiary and an application for the step-mother as a derivative beneficiary. Of course, eligibility involves many items beyond proof of relationship, and the application process can be significantly more complex than it may appear from reading the relevant forms and their instructions. It would be wise for you, your father and your step-mother to consult with an immigration attorney who, after learning all of the relevant details, could advise about eligibilities, options and strategies, and then could offer legal representation in the application process.

Generally, the appropriate process is to apply for a K-1 fiance visa that will authorize your fiance to enter the U.S. for the purpose of becoming married within the legally specified time, and after that you and she would complete the adjustment of status application process here in the U.S. It would be wise for you and she to engage an immigration attorney who, after learning all of the relevant details about your fiance and your relationship, could advise you about eligibilities, options and strategies, including the most appropriate supporting documents for achieving success. 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.

In all likelihood, the working visa that he is applying for is one under which he is not supposed to have an immigrant intent. If it is firmly fixed in both your minds that you will marry when he comes back to the States, he should be applying for a fiancé visa. On the other hand, if your plans are still unclear and the only really fixed plan is that he will come back and work under his working visa, he would again be eligible for entering the US as a worker. 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