Sky Valley, CA Immigration Law Firms & Lawyers

You are going to be better served having a full consult with a competent immigration attorney. I can do that with you in which case it takes one hour and is $150 or else please seek counsel in your area. Your case is tricky and based upon very specific factors that an attorney will need to review in order to determine your current status and future liability.

If I understood you correctly, you two are planning on getting married, right? If not, you may disregard the remainder of my reply because there is nothing he can do to get you an immigrant visa. If you two want to get married, you two have two options: 1. He would have to travel to your home country, marry you there, and then he could petition for you and your child. 2. Alternatively, if he qualifies and wishes to become a US citizen, he could invite you as his fiance after he becomes a US citizen. (Being a green card holder, he cannot bring in a fiance, unfortunately, so option #1 is not available to him right now). Important: Regardless of what you two decide to do, he must obtain a divorce decree from his first marriage. If his wife abandoned him but divorce was never filed, he is still legally married to her and cannot marry you under either of these scenarios. So it is important that he gets his divorce. It should not be a problem though, since the wife left him such a long time ago, but he would have to go through the steps to get that divorce decree before he can think of marrying you.