Iron River, MI Immigration Law Firms & Lawyers

Since you are married son of a U.S. citizen, you are not considered an "immediate relative" under the immigration laws. Only immediate relatives are eligible for "Adjustment of Status" ("Green card") if they are out of status in the U.S. You are in Third Preference Category (F3 - married sons/daughters of US citizens), and depending on which country you are from, the priority date for you is probably several years away (you can check the priority dates on the visa bulletin here). So since by the time your priority date becomes current, you would certainly be out of status, and not being an "immediate relative" you would not be eligible for Adjustment of Status. So if you can avoid being out of status (especially, to avoid the 3 and 10 year bars to reentry), you shouldn't remain in the U.S. without a non-immigrant status.

Your husband's past due child support and employment history is not a conclusive factor in deciding your I-751 petition. USCIS is more concerned with documentation to prove that you and your husband were married in good faith and still share cohabitation.

1) Yes but I would recommend filing your adjustment as well if you are from a country where you can do that because of the conflicting intent problem. 2) For your fiance to benefit through your application you just need to be married before your adjustment is approved. We would need to be retained to analyze the best strategy for both of you depending on the benefits being obtained through F-1 or F-1 OPT, timing to get the work card through I-485 if you are even eligible to concurrently file both stages.