Although you state that you are willing to take the "risk" by filing, I am not sure you clearly comprehend what that means. Your husband is simply NOT ELIGIBLE to adjust his status in the US (unless there are some hidden details in his background that you did not include). He is not eligible for work authorization even though he is married to a US Citizen and has 3 children.
What happens in these types of cases is that the USCIS will not only deny the petitions but more likely than not...
Yes, you can get married, without filing anything with USCIS.
Is there any reason why she has not applied for her Citizenship yet? When she does, she will have to go through "immigration services" for that process.
I understand your frustration and it is experienced by people from all countries not just Mexico.
But Rebekah is correct, until you sit down and have a consultation with an attorney there is no way to determine what can be done for him.
You should also obtain any immigration documentation from his parents as well, as this may also help.
Marc Taylor, Esq.
Yes, you can work until the end of your OPT. You cannot work after 7/4/13.
You are eligible to remain in the US for 60 days after the end date of your EAD card.
If you have any questions, the DSO at your school should be able to answer them.
You need to consult with a divorce attorney as soon as possible. A family lawyer will be able to answer your questions about alimony and other issues.
You can try to get the judge to delay your case, but I'm not sure that trying to get your visa transferred is a vaild enough reason for the delay.
You state that you want to live in the US (maybe permanently), but remember that not all immigration status have what is called dual-intent, so you should be careful about this.
USCIS has specific guidelines about volunteering. What your employer is suggesting is not volunteering and it could get you both in a lot of trouble.
"USCIS has indicated that an applicant for change in non-immigrant status could not offer his or her services to a prospective employer on a "volunteer" basis. USCIS has stated that: "if any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment."...
Your attorney is correct that there is a chance that USCIS might over-look the porting of the priority dates. Although I have handled many similar cases where it was not overlooked.
The main issue is, whether your I-140 will be approved or not- Did the company submit sufficient evidence to establish the ability to pay the prevailing wage?
Many clients do opt to wait until the I-140 is approved to file the adjustment of status applications. This way they do not waste money if the I-140...
As you stated, it will not be an easy case.
There are many great lawyers on this site and on www.aila.org who have extensive experience with filing waivers. Also, many will give a free initial consultation. Make sure you have all his immigration records (if any) and his criminal records for the consultation.
Remember, many things are possible, especially if you have an experienced attorney on your side.