Norwood, NY Immigration Law Firms & Lawyers

If you are planning on filing for citizenship based upon marriage to a US citizen, if you file now you are likely to be denied because you have not followed through on the requirements of such a filing.

For your mother to petition for you as a married son of a US citizen, it would take approximately 12 years. If you divorced, the waiting time is approximately 7 years. Please note that these estimates are based upon the present visa chart and assumes that you are not born in Mexico or the Philippines, in which case you would have to wait a longer period of time. In addition, as you are probably no longer holding legal status, you would likely be subject to a 10 year bar for having remained in the country illegally for over one year. For such a situation, you would have to file an I-601A waiver-of inadmissibility based on extreme hardship to your mother when your priority date is close to becoming available. You would also not be eligible for adjustment of status would have to consular process your final immigration. 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.  

For a K-1 visa, you would file an I-134 affidavit of support since this is a nonimmigrant visa. If your mother is living with you, you could perhaps adapt the form to include both of you for the support. If your mother is living apart, she could perhaps file another I-134 form. After your fiancé is admitted to the States and you are married, an I-864 affidavit of support will be required for the adjustment of status. You would have to fill it out, and your mother could join in with an I-864A supplement if living with you. If not, she would be filing a separate I-864. If your mother files her taxes as married, she would likely have to include the spouse in the count of the number of people in her household. An I-134 is judged at 100% and an I-864 125% of the poverty guidelines.  I do note that although the above are the rules, we have sometimes been surprised by a consulate asking for an I-864 for K-1 processing, so it may be safer to prepare both.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.