Monroe County, FL Immigration Law Firms & Lawyers

U.S.C.I.S. may look closer at your next petition for a husband to determine whether the marriage is bona fide. Petitioning for a second spouse, however, is not ground for denying the petition. At the time of interview for an adjustment of status in the States, you and your husband should have all the evidence of marriage relationship including lease or deed , bank accounts, job letters, photos, etc. If your husband is overseas and will be interviewed at an American consulate or embassy for the immigrant visa, he should bring in all the evidence at the time of interview over there. 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.

We would need to evaluate the two categories for you to advise the best option. Unless your boyfriend is still married to and living with his U.S. citizen spouse, the soonest he can apply for U.S. citizenship is 4 years and 9 months from the date he became a Permanent resident. You may want to explore other options to remain here while awaiting your boy friend to become a U.S. citizen and petition for your PR.

There are several waivers to the joint filing requirement on the I-751, including marriage in good faith ending in divorce, spousal abuse, and extreme hardship. Timing and proper filing are very important in these cases, as is thorough documentation.