My fiancée came to the US on a Visa with her husband at the time . They had a child in the US and then her husband divorced her and married a US Citizen to gain permanent residency . Since then her Visa has expired and she has continued to stay in the US with her child who she has custody of . Her ex has continuously threatened to turn her in to immigration and send her back to Mexico and of course keep their son since he is a US Citizen . She has not returned home on her own because she would have to leave her son here in the US with his dad . We have been together for 3 years and are going to get married . Once we are married will this case be a difficult one to obtain US residency for her ?
I agree with my colleagues. It is best to hire a competent immigration attorney to assist you. If she entered lawfully and has overstayed, an attorney might be able to assist them with an I130/I485 concurrent application with supporting documentation to show that you both have a bona fide marriage at that time. I highly recommend you hire a competent immigration attorney. Some ways to find a good attorney are to look at their CV, work experience, affiliations, and license(s). You may look at my profile for further information.
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