Euless, TX Immigration Law Firms & Lawyers

Hello, I would presume that your spouse received a 2 year conditional green card. She will have the option to file to remove her conditions on her card within 90 days of its expiration. You should be divorced or divorcing for her to maintain her status and file without your support for the case. She will need to supply ample proof of the bonafide relationship and marriage for her to keep her status.

If your boyfriend is a US citizen, he can sponsor you under a K-1 visa as the fiancée of the US citizen. He would file form I-129F with supporting documentation to U.S.C.I.S. He could also marry you and file for your immigration through form I-130 petition for alien relative. The waiting time for a K-1 visa is probably nine months and for an immigrant visa probably about a year. If he is a permanent resident, he would only be able to sponsor you for an immigrant visa and the waiting time would likely be more than a year. As your boyfriend is unemployed and going to school, you would require a cosponsor for your financial support. If his parents or siblings approve of the relationship, they could perhaps assume the role of cosponsor if they are gainfully employed.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 should be able to file an adjustment of status by using the old 245i filing. If done right, the entire process should only take 3 to 4 months. And he doesn't have to return to Mexico.