Mansfield, TX Immigration Law Firms & Lawyers

Yes, your husband can file for you while you're here on another visa. You will likely have to explain the situation to the government and show that your original visa application was bona fide.

I am sorry to learn of the problems you are encountering with your marriage. Often it is helpful to seek advice and assistance from a couples counseling professional to try to resuscitate a marriage, and to consult with a domestic relations attorneys about rights and obligations in the event of a divorce. Regarding immigration issues for Conditional Residents (so-called holders of "two-year Green Cards"), if the couple is not living together when it becomes time to petition for removal of the condition and/or if U.S. spouse is not willing to petition jointly with the foreign national spouse, and if instead the couple becomes divorced, then the foreign national spouse alone may petition to remove the condition and seek a waiver of the usual requirement that both spouses petition jointly. To succeed, it generally is necessary to supply ample documentary evidence to show that the couple lived together in a bona fide marriage notwithstanding that the marriage did not last. A U.S. Citizen spouse cannot have her foreign national spouse deported, only immigration authorities can initiate removal (deportation) processes. Immigration authorities are accustomed to unhappy spouses contacting them to make allegations about their foreign national spouses, and they generally do not give priority or take action on account of those contacts. 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.

It is difficult to say when your petition will be reached for adjudication just by the notices that you have been receiving from USCIS. However, I can refer you to the Nebraska Service Center processing time which is now 2-7 months, and that the Center will entertain inquiries on cases in your class which were filed by 9/12/20 if the petition has not yet been reached for adjudication. 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.