St. Clair Shores, MI Immigration Law Firms & Lawyers

You can file an application for a K visa for your fiance. This visa would allow him to come to the U.S. for 3 months; if you get married within these 3 months, then he would be able to apply for a green card and stay in the U.S. Your fiance would not have a permission to work in the U.S. while on a K visa; you will have to file an affidavit of support showing that you have the means to provide for his stay in the U.S. (if you do not have at least $19387 a year income, someone else would have to file a second affidavit of support showing that he/she has enough income to support his/her own family+one above the federal poverty level). Forms and instructions for a K visa application are on-line at uscis.gov/forms (look for Form I-129F). If your fiance is already in the U.S. on some other visa or on a visa waiver, after marriage you could file an immigrant petition for him, with applications for a green card, employment authorization, and an advance parole. There are, however, certain conditions that have to be observed; so you better consult with an immigration attorney to find out exactly how everything has to be done.

The law was changed in 1976 to disallow the grant of U. S. citizenship on the basis of a child being born in the U. S. unless the child is 21 years of age or older. 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.

If you entered the US legally then yes you should be able to adjust status to green card. If you entered the US illegally then unless you are protected by 245i, you cannot adjust status in the US. Please consult with immigration lawyer for advise.