Re: Immigration

I would contact your local JAG, as they can provide free assistance in this matter. If they are not sure how to proceed, tell them to check the user's group available to them. The reserve and Air National Guard JAGs in that group are immigration attorneys, either in private practice or working immigration within USCIS, DHS or DOJ. Through that group, they can guide the JAG on how to best assist you.

Re: Immigration

My legal fee is $950 and you may find out more information here:

http://www.msclaw.com/Green_Card_for_Spouse.html

Please feel free to contact me should you require formal assistance on this matter.

Re: Immigration

The primary issue in your case is that of preconceived intent of your spouse to remain in the U.S. and that she may have entered in violation of the terms of her visa. My office has handled these cases before and you can file to adjust her status here in the U.S. The process is generally 4-6 months. You should strongly consider hiring an attorney due to the issue presented.

You have a second option that would provide the safest avenue and that is for her to leave and you petition for her to return to the U.S. through the consulate in England. These cases are taking approximately 10-12 months. Taking this route would remove the issue of preconceived intent.

Re: Immigration

There is only one other attorney on your responses that actually addressed the one blaring concern (and I commend him on doing so) - that if you are already married and she came here as a visitor (whether on the visa wavier program or as a B2) her intent is technically "temporary" and she should be returning to her home country to process the paperwork. Now you do have options such as the K-3 visa which can be processed in conjunction with the green card application but the last thing you need is for the US government to say that she entered as a visitor with fraudulent intent. I don't care how much two people want to be together it's too much of a risk. Now if there's a way around her having to go home to process her green card you and I can explore those options but from what you've told me I want you to be well aware of this risk. The only advice that I saw was consistent is that you get an attorney. Not because he or she responded to your question but because he or she will explain you any intricacies in your case. My office can help you as well but we will start with a consultation to see what the specifics of your case are and what needs to be done in YOUR case.

Re: Immigration

There are 2 ways to do this. The first way is for you to sponsor her for permanent residency and for her to file an application to change her status from visitor to permanent residency. This process typically takes about 4 months to complete (including interview). It is possible that USCIS may challenge her right to change status inside the U.S. if she had an intent to become a permanent resident at the time she entered the U.S. The advantage of this route is that she and you will not be separated for many months. The second way is for you to sponsor her for permanent residency and then for her to do consular processing in London. The second way is more legal, but it could take 6 to 10 months to complete. I can handle either method for you even though I am in Cleveland, Ohio.

Harold L. Hom

Re: Immigration

You petition her here (even though she is here as a visitor) as your spouse and at the same time seek to adjust her status to that of a permanent resident. It is difficult to say the processing times but all should happen with a year. I do recommend you work with an attorney.