Sunrise, FL Immigration Law Firms & Lawyers

I am slightly confused by your interposition of form I-90 replacement for alien registration card with form I-485 adjustment of status application for permanent residence. I will assume that you are a US citizen and that your wife can file for adjustment of status based upon her marriage to you. For her to work, she would have to submit form I-765 application for employment authorization along with the I-485. She could expect to obtain employment authorization within 90 days. As part of the immigration process, you must provide an affidavit of support guaranteeing to support her when she immigrates. The affidavit of support form is I-864. In the event that you do not have the wherewithal to support her following your reading of the federal poverty guidelines, you are allowed to have a cosponsor who can guarantee her support.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 deci

Immigration looks at the name you put in your form, the name on the beneficiary's passport, the name on your marriage certificate and even provide areas within the I-130 form to provide "other" names used by the beneficiary. It is going to be up to the immigration officer to decide if the middle name matters. If there are discrepancies in names, they may ask for more information.

Here is the deal, if you have come to the US on ESTA, I would be very careful about doing the right thing. As a resident, your spouse can file a Form I-130 on your behalf seeking visa classification as the spouse of a resident. Problem is that you cannot file an application for adjustment of status (Form I-485) at the same time. So what that means is that you cannot stay in the US while you at awaiting a decision on your applications. Rather, I would highly advise that you leave the US and wait for your spouse to become a US citizen at which time he can file for you to come back. The alternative is that you could stay in the US to wait for your spouse to become a US citizen and then file your applications. But that carries with it a huge risk that you may run into trouble, be placed in some type of removal proceedings and face deportation and removal. I would highly suggest that you find a competent and knowledgeable attorney and discuss these options. Don't leave the US unless you understand the potential consequences of departing if you have violated the terms of your stay and don't remain unless you understand the consequences of doing so. Ask questions and become informed, that is the best advice I can provide.