Forest Hills, NY Immigration Law Firms & Lawyers

On taxes, you will have to fill out the I-864 and attach a statement as to why you have been exempt from the filing of US taxes. Given the fact that you have not been filing, you should find a joint sponsor to file another I-864 support affidavit unless you have sufficient liquid assets to cover the amount required to sponsor your spouse (I assume that this is for your spouse as children of US citizens are generally US citizens by birth and do not require sponsorship). For that, you would have to look at the poverty guidelines on form I-864P to ensure that you have sufficient assets (three times the required amount). Presentation of job letter, payslips, and non-liquid assets may assist in swaying an immigration officer of whether you are fully capable of supporting your wife and other members of your household. In the event that you are uncertain on this point, you may ask a close friend or relative to file a joint I-864 for your wife. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.

Your description of your case is quite good.  A fiance visa is a visa that is issued to a non citzen so that he can come to the U.S. specifically to marry the U.S. citizen that has petitioned for him and then become a permanent resident (green card holder).  The way it works is that the petition must be filed while you are in the U.S and he is abroad, you said he has never been here, so that is good as it eliminates issues of illegal presence in the U.S.  You will have to establish that you have been together in the same place at least once in the two years preceding the filing of the petition.  When it is approved he will be called in for an interview at the U.S. consulate in Jamaica, and upon his being issued the fiance visa he will have a period (usually) 90 days within which to enter the U.S. ojn that visa.  Upon entry he will have 90 days in which to marry you and file for the adjustment of status to permanent residence.  In terms of your financial sitaution, you will be required to sign an affidavit of support, promissing the US government that you will be responsible financially for him if he becomes a public charge.  You will be required to show you meet the minimal income guidelines, and if you cannot meet them, then you can use a supplemental or joint sponsor, which can be a firend or relative that is a U.S. citizen or permanent resident who agrees to be responsible for him for a period of 10 years.  If you would like assistance with this, please feel free to call me at (619) 291-1112.  Regards,  Jan Joseph Bejar, Esq.

In general, a foreign national who has a pending marriage-based adjustment of status application, may divorce that spouse, marry another one, and then file a new adjustment of status case based upon the second marriage. The USCIS can be expected, however, to scrutinize the bona fide nature of BOTH marriages if the USCIS were to conclude that the first marriage had been entered for the purpose of getting a "Green Card," the consequences could be very harsh. It would be a mistake to proceed without first engaging an immigration attorney for representation.