Cordele, GA Immigration Law Firms & Lawyers

Significantly more information is needed in order to provide a legal analysis of ways you may be able to sponsor your domestic partner/fiance and her son for immigration benefits. Note that if she now is located abroad, a marriage ceremony in the U.S. without her may be invalid. A fiance visa is only available to those engaged to be married to U.S. citizens. Only some types of nonimmigrant visas (like an H1B visa) would permit your partner/fiance to enter the U.S. with the intention of marrying you and then staying permanently, and misuse of other nonimmigrant visas (such as a visitor's visa) could have very harsh immigration-related consequences. There really is no substitute for you and your fianc?e 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.

The wait time for an EB3 skilled worker from Mexico is not 2 years: it is slightly over 6 years now. You could file an application to extend your visa. It is a simple application, and the filing fee is only $290. If you can give a good reason why you need to extend your stay in the U.S. (work without authorization from USCIS is NOT a good reason; in fact, it violates your B2 status), and can show how will you support yourself financially during the extended stay, USCIS might grant you another 6 months in B2 status. The first problem is that you cannot do this every 6 months for 6 years: USCIS will not give you that many extensions. The second problem is that USCIS takes about 6-8 months to make a decision, and it is possible to receive the approval for 6 months after the expiration date of the extension. In this situation, you find yourself out of status and unable to do anything about it, even though you did everything right. Worse, if USCIS denies your application, and you receive the denial more than 180 days after your original admission to the U.S. expired, you will be considered out of status not from the date of the denial but from the end date of your original admission and inadmissible to the U.S. for 3 years. You can try to change your status, instead of just extending your B2. There are several options that depend on your particular circumstances. Do yourself a favor: get an appointment with a competent immigration attorney to find the right solution for your case.

Generally, an approval of a marriage-based Form I-130 Petition for Relative Alien remains valid without any additional step needed, although issues raised in that application indeed could be re-examined by the USCIS at a subsequent Form I-485 Adjustment of Status application interview. Significant additional information is needed in order to analyze your husband's situation and advise about next steps. For example, are you a U.S. citizen? Are you a Permanent Resident? What has been your husband's immigration visa situation since the time he first entered the country? Etc. It would be wise for you and your husband to confer with an immigration attorney who, after learning all of the relevant information, could provide advice about immigration-related eligibilities, options and strategies, and could offer legal representation for the often complex application process.