I'm 20, in school and going to be married in August. I don't have a job yet and when I do, it will be part time. My soon to be husband has a job and makes like $14 an hour. I know I'll have to be 21 for the process to start moving along (another immigration lawyer told me that I can start the process now and things will start moving along when I'm 21). She has a six month visa and is currently in the states. This is her sixth month. Would that affect anything? Also, how long would this process take place and would she be allowed to stay in the US and work while it’s taking place? I will need her help with putting myself through school.
Although not clear from your question, I presume that you are a U.S. citizen. Generally a U.S. citizen age 21 or older may petition for a parent who lawfully entered the U.S. with inspection (such as through a B1/B2 visitor's visa with six months' validity) to adjust status in the Immediate Relative visa category, and this is true regardless of whether the parent may have overstayed a visa. The application process would include an application for an Employment Authorization Document, which the USCIS issues within 90 days of filing the application, and that authorizes employment during the period that the adjustment of status application remains pending. If the U.S. citizen child does not have sufficient documentable income to meet the Affidavit of Support requirements, then it will be necessary to have a "joint sponsor" - a joint sponsor generally may be any U.S. citizen or Permanent Resident who has sufficient documentable income for his/her family size and who is willing to have the responsibilities specified in the Affidavit of Support. You have asked what will be needed for a successful application. While generally that will require a properly prepared and fully documented Form I-130 petition for relative alien and a properly prepared and fully documented Form I-485 application for adjustment of status (along with an application for an Employment Authorization Document), the challenging part often is in providing full and complete sets of supporting documentation for each application. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information about you and your mother, could advise about immigration eligibilities, options and strategies and could offer legal representation for the application process.
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