Lowell, FL Immigration Law Firms & Lawyers

You can file the petition now but she will have to wait until there's a visa available according to the Department of State visa bulletin. It could be around 5 year. It's very important that she does not get out of status in the US.

If you served 40 hours community services, it probably means you are convicted of drug offense. and since it is within the past 5 years, your N400 application will most likely be denied for lack of good moral character.

I do not know if there are special circumstances for Cubans, but in general US citizens applying for fiancés and husbands overseas would wait about nine months for fiancées and one year for husbands. The choice is through applying as a K-1 fiancé or through an I-130 relative position. The choice is up to you. But please note that the conditions of the fiancé entry are that the couple must marry within 90 days, and then must file papers to adjust the noncitizen's status to permanent residence. Under the I-130 petition, the noncitizen spouse would enter with resident status. 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.