Cactus, TX Immigration Law Firms & Lawyers

If someone enters a marriage without having first terminated a previous marriage, the new marriage will be deemed legally invalid, without any need for a divorce or annulment. In the situation you described, it may be possible for the U.S. citizen to complete a divorce, then "re-marry" the foreign national spouse, and then proceed with a marriage-based adjustment of status application. This is true notwithstanding that the foreign national long overstayed a visitor's visa (but note, until a valid marriage is entered and a properly prepared and documented Adjustment of Status application is filed, the foreign national will remain at risk of being placed in removal/deportation proceedings. It would be wise to promptly engage an immigration attorney to learn all of the relevant information about both spouses in order to advise about the appropriate steps to take now. 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.

The short answer to your question is: "yes." There are some traffic-related offenses, such as multiple DUIs or a vehicular homicide, that can create problems requiring additional steps, and in any event an applicant should include certified disposition documents among the other documents necessary to support an Adjustment of Status application. It would be wise to engage an immigration attorney for legal representation.

Spouses of U.S. Citizens may apply to naturalize three years after gaining conditional permanent residence assuming that you are still married and residing with your U.S. citizen spouse and your conditions were removed. You must meet all other requirements for citizenship. To discuss your case and make sure that you meet all requirements, you should consult with an immigration attorney.