Fiancée or Marriage Green Card Petition which do I choose? The answer can be simpler than you think

If your spouse or future spouse is in the U.S., there is no need to file a fiancée petition. However she or he has to have entered the U.S. Legally with no crimes or past visa problems. Like any immigration petition or application it is so very important to fill the forms out correctly and completely or you can face delay in the processing that can take years to complete.

A spouse in certain circumstances can still get a green card even though they did not enter the U.S. legally but the rules are tricky and there are certain requirements that have to be met which many people are not able to meet.

Fiancée Petitions are for your future spouse who is not in the U.S. You can usually bring your spouse to the U.S. from her country to get married. The law requires that you have met in person within the last 2 years before filing but there are special situations where this can be waived. If approved you must get married with 3 months from the time your spouse enters the U.S.

If your spouse has children from an earlier marriage or relationship there are certain advantages to filing a fiancée petition rather than marrying first if the child is over 18 years old or older.

In short, marriage is a big step and is even more difficult when having to file immigration papers. It is important to plan carefully on what has to be done for the next few years.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Think Carefully before Applying for a Green Card while you have a different non-immigrant (Non-Green Card) Visa

There are many ways to come to the U.S. either as an Immigrant (Green Card - LPR) or a Non-immigrant. Many Non-Immigrant (Temporary Stay) Visa require you to have “no intent of permanently staying the U.S.” If you, spouse or your employer is considering submitting a application to get you a Green Card you risk losing your current Non-immigrant Visa.

Once you leave the U.S. you will probably not be allowed to enter again until your green card is approved. You may not be able to get another Temporary Visitor Visa at the Embassy/Consulate in your country until your Green Card is Approved.

Plan carefully and be aware of what could happen while you are visiting or planning to visit the U.S. once a Green Card Application has been submitted for you.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

How not to get in trouble when extending your Stay in the U.S. on your current Visa or Changing your Status within the U.S.

Requesting a change of status (example B-1 Business Visitor to H-1B Temporary Worker) or extending your status (Stay for another 6 months on your B-1 Visa) can be a very tricky situation and there are important facts you need to know and understand before applying.

When changing your Status, once you leave the U.S. you would no longer be able to enter the U.S. again in that status and you would have to start the process from the beginning overseas to get a new visa. If you have a current Multiple Entry Visa, it might be better to return to your country prior to your I-94 expiration date and come back into the U.S. rather than losing your current visa.

In extending your status in order to remain in the U.S. longer you will need a good reason that is acceptable to the government and have documents to prove it.

When attempting to change your status (as student, worker, etc.) or extend your status in order to stay in the U.S. longer, please keep in mind that if your current stay expires (date in your passport) the government could denies your request. If the government (USCIS) denies your request after your stay has expired you will be considered out of status (Illegally in the U.S.) from the expiration date listed in your passport. As a result, you will have very difficult time getting admitted to the U.S. or having a Visa approved in the future.

You should always try to request an extension or change of status at least 45 days prior to the expiration date in your passport. If you have made a request less than 45 days it may be better for you to leave the U.S. if you have not received an answer from USCIS prior to expiration date in your passport for your current stay.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.