Tifton, GA Immigration Law Firms & Lawyers

Best wishes with your marriage plans. Be aware, however, that there may be advantages to applying for your fiance to get a fiance visa to enter the U.S. and marry you here, and then pursuing a marriage-based adjustment of status application, rather than to marry in India and then pursue consular processing. Beyond that, be aware that if you do not have sufficient documentable income to meet the Affidavit of Support requirements, it may be necessary for include a joint sponsor in the application process. Generally, a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated for the Affidavit of Support. It would be wise for you and your fiance 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, a U.S. citizen who is married to a foreign national who entered the country lawfully and with inspection may sponsor a spouse for adjustment of status to become a lawful permanent resident (to get a "green card"). This is true regardless of whether the U.S. citizen receives needs-based public assistance. When the U.S. citizen does not have sufficient documentable income to meet the Affidavit of Support requirements, however, it becomes necessary to have a joint sponsor in the application process. Generally any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated by the Affidavit of Support can serve as a joint sponsor. Of course, there are many other details that determine immigration eligibility. There really is no substitute for you and your husband 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, a Permanent Resident (holder of a "Green Card") may sponsor a spouse (but not a girlfriend or fiance) to obtain immigration benefits in the U.S. through consular processing. The facts that the couple has a child together and that the child is a U.S. citizen by birth do not have any impact upon the application eligibilities, but that certainly would be evidence of the couple's bona fide relationship. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies, and could offer legal representation in the often complex application process.