Douglas, GA Immigration Law Firms & Lawyers

Generally, when a foreign national has entered the U.S. lawfully and with inspection (such as with an F1 student visa), and then becomes married to a U.S. citizen, the couple can succeed with a marriage-based adjustment of status application in the Immediate Relative visa category. This is true regardless of whether the couple may have married previously, become divorced after six months, reunited, and become married again. If neither spouse is a U.S. citizen, and instead one spouse is a Lawful Permanent Resident (has a "Green Card") and the other spouse is in valid nonimmigrant status (such as F1, H1B, etc.), it still may be possible for the couple to apply for the nonimmigrant to become a Permanent Resident, but that would require an application in the Family-sponsored Second Preference (F2A) visa category. There is a backlog for visas in that category - the October, 2017 Visa Bulletin issued by the U.S. Department of State shows that visas now are available in that category for cases filed in mid-October, 2015 or earlier. There are additional considerations and eligibility requirements to take into account too. There really is no substitute for you and your fianc? (former 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.

Is your wife in the country now? If not, you have the option of filing a spousal petition to possibly get her into the country faster and then you can adjust status while she is in the country. If you are unsure about how to go about completing the forms, you should speak with an immigration attorney.

The starting place would be to get a clear understanding of your wife's circumstances, including her current immigration status, the date and way that she entered the U.S., information about whether you are a U.S. citizen, etc. If she is seeking a "work permit," then I assume she is not already a Lawful Permanent Resident (i.e. she does not have a "Green Card"). In that case, it may be appropriate for you and her to apply for her to become a Permanent Resident based upon her marriage to a U.S. citizen - she would have to be a Permanent Resident living with a U.S. citizen husband for three years before she could become eligible to apply to become a naturalized U.S. citizen. Especially since you seem to be less than thoroughly familiar with the immigration application process, it would be wise to consult with an immigration attorney who, after learning all of the relevant information about you and your wife, could advise about immigration eligibilities, options and strategies, and then offer legal representation for the 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.