Wharton, TX Immigration Law Firms & Lawyers

You need to prove to the Immigration Service that you have a legitimate marriage. Living in different states does not mean that you cannot apply, however, your application will be looked at this more scrutiny. I would recommend hiring an attorney to ensure the best possible chance of approval. Please contact me if you would like to move forward. 

It may make sense for your mother even now to put in a petition for you. The F-1 category currently has a backlog of approximately 7 years and the F-2B category for sons and daughters over the age of 21 less than six years. I will assume that you were not born in the Philippines or Mexico, which have much longer backlogs. The F-4 category that you are in right now as the sibling of a US citizen is processing cases for final immigration that were filed by November 2006 for all of the world except for natives of India, Mexico and the Philippines which have longer backlogs. Assuming that you were not born in one of the three countries, you are likely at least six years away from being able to immigrate. So it makes sense for your mother to sponsor you at this time under the F-2B category even if it is difficult to know whether you will immigrate faster under that category than your present one. 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.  

As you have recognized, succeeding with a fiance visa for a couple who have not met face-to-face can be quite problematic. The USCIS, as well as immigration attorneys experienced with family-based applications, nonetheless are familiar with the circumstances and types of evidence that can show a genuine marriage-engagement relationship. Approval of these types of applications are based largely upon the subjective discretion of the reviewing immigration official, and so it is critically important to adequately explain and document the reasons to believe the relationship is bona fide notwithstanding that the couple has not met. 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.