Oceanside, CA Immigration Law Firms & Lawyers

There is not much to do now as far as immigration is concerned. Depending on what happens to your marriage, you will have to apply for removal of condition on your own before your card expires (you can apply within 90 days of expiration). The condition will be removed and you will be given a permanent card if you can show that the marriage you entered in to with your wife was real.

A green card parent may file an I-130 (first stage of permanent residency ("PR") ) for their unmarried child without the child leaving the U.S.; HOWEVER, just by filing an I-130 the J-1 child does not get the right to remain in the U.S to await a current Priority Date and ability to file the second stage of the permanent residency. The J-1 will need to continue to maintain some nonimmigrant status until it is time to file the second stage of PR. Another concern is that the J-1 is a type of nonimmigrant which requires her to show nonimmigrant intent - filing an I-130 shows immigrant intent so it would be best to also change to another nonimmigrant classification which permits dual intent. Issues are complicated and should be discussed in more depth with an immigration attorney to determine the best and safest strategy after knowing your friends qualifications, goals, etc. You may arrange a consultation by contacting me - see details below.