Savannah, GA Immigration Law Firms & Lawyers

In order to qualify to apply to become a naturalized citizen sooner than after five years of Permanent Resident status, one must show he has been married to a U.S. citizen for three years (while having Permanent Resident status during those three years), and that marriage must continue through the time of filing the naturalization application, the time of the naturalization interview/examination and the time of the oath ceremony. If you were married to a U.S. citizen in November 2013, after having become a Permanent Resident in 2012, then completion of the three year period will be triggered in November, 2016. Regrettably, the fact that you were in a serious relationship before 2013 and even adopted one or more children before then with your soon-to-be spouse, will not change the calculation. Note that in counting years of marriage, the validity of the marriage will be established in the state in which the wedding took place, not in the state where you lived at the time, so, thankfully, if you have been living in Georgia, there is no need to begin counting the three year period when the Supreme Court issued its Obergefell vs Hodges decision. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

"Resident status" means being a Lawful Permanent Resident (sometimes called having a "Green Card"). If your boyfriend (father of your child) indeed is a Permanent Resident, then marrying him would not provide additional immigration-related benefits (with the possible exception of commencing a shorter time by which he could become eligible to apply to become a naturalized U.S. citizen). If your boyfriend is not a Permanent Resident, and instead he has a nonimmigrant visa (such as an H1B visa, for example), then there can be multiple immigration-related benefits to becoming married and proceeding with a marriage-based adjustment of status application process so that he may become a U.S. citizen. Of course, there are many other details that determine immigration eligibility, and it would be wise for you and your boyfriend to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

Generally, an adjustment of status application process for a foreign national in the marriage-based Immediate Relative visa category involves filing a Petition for Relative Alien, an Application for Adjustment of Status, biographical information forms, an Affidavit of Support, application for an Employment Authorization Document (and for some, an application for Advance Parole) and a full set of supporting documents. Failure to properly complete and fully document applications can lead to substantial delays or even more harsh consequences. Immigration applications often can be far more complex than they may appear, and it would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information about you and your family could advise about immigration eligibilities, options and strategies, and could then offer legal representation in the application process.