Blakely, GA Immigration Law Firms & Lawyers

Generally a beneficiary of an immigration application must be in lawful nonimmigrant status in order to be eligible to apply to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card'). An exception to this requirement exists for spouses of U.S. citizens who entered the U.S. lawfully and with inspection and then overstayed their visas. Of course, there are many other details that have an impact upon immigration eligibility. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

In a marriage-based adjustment of status application, generally the correct focus is upon the documentable income of the U.S. citizen's spouse at the time of filing the application and at the time the application is adjudicated. There are some instances where the spouse/beneficiary's income can be included in the computation, but that may be complicated by the fact that at present you have a visitor's visa that does not authorize employment in the U.S. If your husband's gross income during the several weeks since May has been $1,322, that may be sufficient, but further information, including the number of people in your household, must be examined in order to confirm. When a U.S. citizen applicant does not have sufficient documentable income, it becomes necessary to have a "joint sponsor." The joint sponsor may be your cousin (or generally any qualifying adult), if he is a U.S. citizen or Permanent Resident and he is willing to assume the obligations specified in the Affidavit of Support form. Filing an adjustment of status application without full documentation relating to income can cause delays or even more harsh consequences, and especially under these circumstances it would be wise to work with an immigration attorney. 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.

Generally, the USCIS will consider a divorce to be valid if the divorce was lawful in the place where it occurred. If you are considering sponsoring a spouse for immigration benefits, there really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information, including divorce details, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.