Washington Immigration Legal Questions

US permanent residents are not allowed to bring in fiancée's as is the privilege of US citizens. If your sister-in-law is in Mexico, she would not be given a visa to come to the US to marry a US resident. If she is able to obtain some other type of visa, she might be able to marry during the time that she is here. Lacking that situation, the permanent resident would likely have to travel to Mexico to marry her and then petition for her under the F-2A category for the spouse of a permanent resident. Currently those who filed by September 2013 are eligible to receive immigrant visas. So it would appear that the waiting time will not be too long.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.  ... Read Answer

It may be possible but difficult. It depends on the facts in his case, the family situation and other details. You need to meet with an Immigration Attorney with all the Immigration Paper Work and Court records so the Attorney can review them and provide with any possible plans of action to move forward with.... Read Answer

Every naturalization applicant must appear and be interviewed in connection with that application. At your interview, provide the missing information to your naturalization officer. But before you do, I suggest that you have an attorney review the impact that the missing information may have on your eligibility for naturalization.... Read Answer

The amount that is necessary it based on your income as stated in your taxes. You have to make enough to be 125% above the Federal Poverty Line based on the number of people you list as dependents on your taxes. The fact that your Mother is living in Mexico is not a problem it just means that she will have to go through visa processing. Go see an Immigration Attorney who can help you through the process and paper work.... Read Answer

Under current interpretations of the U.S.C.I.S., a marriage is valid as long as it was valid in the place of celebration. Thus the present interpretation of U.S.C.I.S. should allow you to become a permanent resident in Ohio, a state that does not recognize same-sex marriages, as long as you were registered in a state that recognized them.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.  ... Read Answer

They will certainly look more closely at your second application to verify the genuine nature of your relationship and confirm that there is no marriage fraud. It is ok for a person to get married more than once in their lifetime; it is not ok to marry for the wrong reasons, so the job of the immigration is to make sure that this is a legitimate marriage.... Read Answer

If his income is sufficient for the sponsorship, all he has to do is verify it: Get a letter from his employer about the date the employment began, the job title, and his compensation. He should also include his most recent pay stub with a year-to-date income listed on the pay stub. That should be sufficient even though he did not have income in 2012 or 2011.... Read Answer

If you haven't heard back by January 23, 2014 on the adjudication of your I-539 Application to Extend Status you are still "in status" (not an overstay) until you are notified as to the decision since you "timely filed" for the requested extension while still in valid B-2 non-immigrant visa status. However, should your extension request be denied you should be prepared to depart immediately and consider returning on VWP or on a new B-2 entry. You are correct in that if you depart during the pendency of the extension application your application will be deemed "administratively abandoned" and the extension will be automatically denied.... Read Answer

Well, if you overstay, you may be unable to use VWP and they could actually deny your tourist visa as well, so your only option would be for your US citizen husband to sponsor your green card, but that is not the best option in your case since you all live in Australia and have no plans to relocate to the US. I would hope that you will hear back on your visa extension by January 23rd. If not, I would leave and re-enter either on VWP or get another B2 visa if you plan on staying longer in the U.S. This is kind of like being stuck between a rock and a hard place; there is no really good definitive answer when it comes to the U.S. visas.... Read Answer

You file the I-130 petition with USCIS by following the instructions on the application and submitting all the supporting documentation. If you are not comfortable doing this on your own, you can work with an immigration attorney. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer