Legal Question in Immigration Law in Iowa

I married to my man(we both are 21 years old) because I got pregnant with him, my J1 visa is expired but now I stay in the US for giving birth and trying to get green card in the same time. I want to know how long it take to get green card and how to get green card? my husband is a server and I don't have job we don't have lot of money. And will I get in trouble if I going back to Thailand for giving birth and trying to go back to the US with the baby. I'm so confused Please tell me what should I do? I need better way and easy to make things easier. Thanks


Asked on 4/04/13, 10:38 am

2 Answers from Attorneys
Bill Klein Law Office of Bill Travis Klein

Your husband will have to submit a petition for you and application for adjustment. There are many other steps as well. The main concern is that you are here on a J-1 which may prevent you from getting a green card unless you request a waiver and it gets approved. You both need to speak with an Immigration Attorney so he can walk you through the process and help you file the necessary documents and waivers as required.

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Answered on 4/04/13, 11:10 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

If your J-1 visa is subject to the 2 year home country physical presence requirement, then you will need to see if you are eligible for a waiver.

Furthermore, you did not specify if your husband is a U.S. citizen or not. Assuming he is, he will also have to meet the minimum income requirements for the Affidavit of Support, or you will need to find a qualifying co-sponsor.

You should consider finding an experienced Immigration Attorney to assist you, or at least look for a low cost or free Immigration Legal Aid clinic in your area.

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Answered on 4/04/13, 4:28 pm


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