Dalton, GA Immigration Law Firms & Lawyers

You can file your I-130 and I-485 immediately. However, he should not leave the country until he has been granted advanced parole (travel document) or immigration will deem that he has abandoned his application and you will be required to start again.

Generally, the USCIS will recognize a marriage if it was valid in the place where it was consummated. Few states continue to recognize common law marriage; some have important residency requirements; and some do only for marriages that were created before a specified date (i.e. before the state discontinued allowing common law marriages). Beyond that, proving to the USCIS the existence of a legally valid common law marriage can, itself, be challenging (beyond the usual requirement for all couples that they prove that they are living together in a bona fide marriage). Especially under the circumstances you described, it would be wise to engage an immigration attorney to represent you in a marriage-based immigration application.

When a foreign national who entered the U.S. lawfully and with inspection (such as with a student visa) becomes married to a U.S. citizen, the couple may succeed in a marriage-based adjustment of status application process even if the foreign national spouse has stopped going to school and no longer is in valid F-1 nonimmigrant status. If the U.S. citizen now has documentable evidence of an income sufficient to meet the Affidavit of Support requirements, it will be unnecessary to have a joint sponsor. If the U.S. citizen does not now have sufficient documentable income, then a joint sponsor indeed will be needed. 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. 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.