Utah Immigration Legal Questions

If you can get a visa to visit the country your husband will be going to, you may certainly go with him.  Each country has different rules about who qualifies for a visa, how to apply, and how long the visa is valid.  If your husband does not have a passport from his home country, he will need to apply for one from the nearest consulate for his home country.  Most major cities have consulates for countries with large populations in the US.... Read More

If you still live in the UK, you are better off doing the process through the Consulate. It is cheaper, it is quite fast and (lastly), moving here and then filing could be viewed as visa fraud. If any children were born during the marriage and the US Citizen was already a Citizen at the time of their birth, then the children are most likely US Citizens. If that is the case, contact American Citizen Services at the Embassy to get the children Report of Certificate of Birth Abroad. As for your spouse, the process involves the US Citizen filing an I-130 with USCIS. If the I-130 has a foreign address for the petitioner, USCIS will process it in 1-2 weeks and forward the case to the National Visa Center, where the fee of $318 (filing for adjustment of status in the U.S. costs $1,070) will be paid and paperwork will be submitted. Upon review of the documents, an appointment will be scheduled for the Consulate. The whole process, if you stay on top of it, can be completed in 3-4 months.... Read More

Hello,   You do not state how your boyfriend entered the U.S. If he entered legally and you are a U.S. citizen, then it may be easier for him to obtain his green card in the U.S. If he did not enter legally then it is more complicated. Either way you should consult with an attorney in your local area and provide them with your personal information so that you can get the advice that suits your particular case on how best to proceed. Also ask your local attorney about the new procedure introduced by the Obama administration that may allow people who need to file for their green cards abroad to start the process here in the U.S. in advance before going abroad. This should be in place by the end of 2012.  Good luck.   Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen... Read More

Your wife may be able to immigrate with you if you married before your immigrant visa was issued and she is admissible to the U.S. You may want to advise the National Visa Center that you are now married so that the NVC may process her paperwork when your priority date becomes current. You should discuss your case with an immigration attorney.... Read More

On pages 3 and 4 of the I-864 Affidavit of Support, you will list your income that you earn from your current job. This amount, at least for you, will be a 12-month projection based on what you have earned for the 3 months before you file the paperwork with USCIS for your wife to adjust status. So long as the annualized amount is above the 125% income level for your household size (determined on page 3), then it is likely that that National Benefits Center will agree that you meet the income requirements. USCIS has stated that it looks primarily to item 24.c for determining whether a particular person meets in the income requirements under INA § 213A. Even though not required, I would recommend submitting ALL of your paychecks and a letter on letterhead from the company as a way to substantiate the total projected income amount that you list on the I-864.... Read More