San Leandro, CA Immigration Law Firms & Lawyers

You can start the paperwork now. The fastest way to get everything done is by submitting the I-130, I-485, I-765 and all other accompanying documents at the same time. This would include proof of your bonafide marriage - proof of living together, proof of joint financial responsibility, pictures, etc. Submit the pictures that you have now and work on taking more pictures that you can take to the interview which is about 6 months after submitting all the paper work. I would suggest you work with an attorney in preparing your petition as failing to provide anything could cause you delay and more expense in the future.

You have to file and I-129F (Fiance Petition) so that she can receive a Fiance Visa (K-1). The process will take at least 6 months. Once she is in the U.S. you have to marry within 90 days, and then she can file for adjustment of status to obtain her Green Card.

If you were married prior to winning the lottery your husband should have been included as a derivative. If married after the lottery or the lottery group you won with has expired, then you can file for his permanent residency anytime. Yes you can petition for him but he will be in the FB-2a category which has a backlog of visas. As recently as last fall though this category was working on an August 2010 Priority Date (It is now back to January 2008) so definitely file an I-130 for him to get him in the queue and file for your own U.S. citizenship at the soonest date you are eligible (4 years and 9 months after your PR was granted assuming you meet the physical presence and other eligibility requirements). You may also want to look at other nonimmigrant options while he is waiting in the queue. If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.