Your spouse would petition you and you would file for adjustment of status.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Although it starts by filing an I-130, you will have to consular process and get a waiver.
Talk to an attorney ... this is tricky.
FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
Not a difficult task, but I always recommend immigrants consult with an immigration attorney before filing. Many immigration lawyers provide free initial consultations. Also, I would point out, even though there is not an indication in your story that this applies to you, nobody should EVER try to fool USCIS with a marriage that is not genuine in order to attain legal status.
This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
Your spouse can sponsor you and you can get your green without leaving the US.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
The biggest point is that you entered US legally. As long as you have proof of this you may remain in US to file both the visa petition (wife files) and the application for adjustment of status (you file) with USCIS.
There is a great deal of evidence to file with the forms necessary.
a good lawyer can help yo do this.
Prior counsel is correct. It appears based on the stated information that you are eligible to adjust status. It is a one-step filing with USCIS. If done correctly and you are eligible, our office has been receiving approvals within 3-4 months of filing. That means you should have your green card (proof of permanent resident status) within 4-5 months of this post.
As you posted you live in Toledo, your marriage interview will be held in Cleveland Ohio.
Depending on whether you ever left the country, you may be able to adjust your status to that of a Legal Permanent Resident.
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