Crystal Springs, FL Immigration Law Firms & Lawyers

The potential difficulty here is that the couple was married prior to her coming to the US and U.S.C.I.S. may think that she came to the US with the intention of never going back. On the other hand, good things in your friend's favor for arguing that she did not try to circumvent regular US immigration procedures of waiting overseas could be that she was not petitioned for permanent residence prior to coming to the country (if that is true) , an intervening event occurred that made her reluctant to go back home (the pregnancy), and if she had the 10 year visa previously and not just for this trip. (Kindly note that I assume that you mean that she has a B visa instead of a D visa. The latter type of visa is for crewman such as a flight attendant and such individuals are not eligible to adjust status in the U. S.) 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.

You can't file a fiance petition for your husband if you are a resident. You have to be a United States citizen, and the process takes around 6 months.

At this time right now, most individuals would not attempt to file an I-129F K-3 petition for an alien spouse as that is usually only filed where the expected time for adjudication of the I-130 petition will be very long. U.S.C.I.S. is currently transferring many I-130 petitions in order to achieve a faster adjudication time. You say that she has a pending case in New Jersey for deportation. Leaving the US usually results in execution of a deportation order. You should check the immigration court line to see if she has already been ordered deported. If so, she would need an I -212 application approved for advance permission to return to the US as she would be barred for 10 years otherwise. In conjunction with the I-212, she would be barred for 10 years also if she stayed in the US illegally for one year. For that, she would require a waiver of excludability grounds under form I-601 provided she can show that a US citizen or permanent resident spouse or parent would suffer extreme hardship unless she was allowed the waiver.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.