Brandon, MI Immigration Law Firms & Lawyers

You can file an application for a K visa for your fiance. This visa would allow him to come to the U.S. for 3 months; if you get married within these 3 months, then he would be able to apply for a green card and stay in the U.S. Your fiance would not have a permission to work in the U.S. while on a K visa; you will have to file an affidavit of support showing that you have the means to provide for his stay in the U.S. (if you do not have at least $19387 a year income, someone else would have to file a second affidavit of support showing that he/she has enough income to support his/her own family+one above the federal poverty level). Forms and instructions for a K visa application are on-line at uscis.gov/forms (look for Form I-129F). If your fiance is already in the U.S. on some other visa or on a visa waiver, after marriage you could file an immigrant petition for him, with applications for a green card, employment authorization, and an advance parole. There are, however, certain conditions that have to be observed; so you better consult with an immigration attorney to find out exactly how everything has to be done.

If your husband does not file for you, you cannot remain in the US unless you have a different form of relief. If your husband divorces you, he can no longer file for you. If you have been the victim of physical or emotional abuse at the hands of your husband, you may be eligible to file a different application without him to get a green card.