Millburn, NJ Immigration Law Firms & Lawyers

The difficulty that I see in your case is if your husband stayed illegally in the US for a year before he went to Costa Rica. If so, he would be barred from returning to the US for 10 years from the date that he left in 2009 unless he obtained a waiver of the bar based upon extreme hardship to you. Other than that, you may be able to do all the paperwork from Costa Rica, but you will have to prove that you still have a domicile in the US such as through the presentation of documentation of whatever ties and bonds that you have with the US, e.g. registering to vote, proof of a job in the US, residence. In addition, if you are not making sufficient monies, you may also have to have a financial cosponsor for your husband. 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  

The response to your question is quite complicated. It depends upon how the green card was done and in what part of the process it is in. There may not even be a "form" available for this type of process. Also, there may be many important and ancillary issues surrounding a change in your employment.

Did USCIS find marriage fraud in his first marriage? Is he in front of an immigration Judge? I would need more facts to answers your question. We would be happy to assess his case, advise more specifics on the procedures, timing and fees if you want to set up a consultation (in person or by phone) with me as indicated below. We do charge for consultation but the consultation fee is then credited 100% toward the fees for your case.