Gainesville, GA Immigration Law Firms & Lawyers

If you wife does not sign and you get a divorce, then you most present a waiver at the time of the interview with enough supporting evidence to prove that your marriage was valid at inception and was never a sham (fraud). If you can do that, even when you have gotten a divorce, you can still receive your permanent resident's card.

In general, a U.S. citizen may sponsor a spouse for immigration benefits and simultaneously sponsor other family members. There is no visa category, however, by which a U.S. citizen may sponsor the father, mother or sister of a spouse. Once the foreign national spouse becomes a Permanent Resident, and then later succeeds with an application to become a naturalized citizen, she will be able to sponsor her parents and siblings, but note that there is a very long backlog for visas in the category by which a U.S. citizen may sponsor a brother or sister, and so that rarely is a satisfactory immigration-related strategy. Of course, there are many other details that determine immigration eligibility. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

There is no maximum allowable time after I-130 approval for filing a Form I-485 Application for Adjustment of Status. Generally, people prefer to file as sooner rather than later, and the earliest date for filing I-485 generally relates to the applicable family-based visa category (e.g. based upon marriage to a U.S. citizen, based upon marriage to a Permanent Resident, based upon other family relationship) and the "Priority Date" established in the then-current Visa Bulletin issued by the U.S. Department of State. It would be wise for you and your relative (spouse, parent, child, other) to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.