If the foreign spouse entered with a visa, yes you may file the visa petition (I-1`30) and adjustment of status (I-485) concurrently. Whether you need a representative is up to you. Just make sure that (s)he is an experienced immigration lawyer and not a consultant or a notary. Your case will be handled smoothly.
The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.
Yes. You can also represent yourself in criminal court but you're much much better off with an attorney. Make sure your attorney is a real attorney and not a criminal cockroach known as an "immigration consultant". You still have to prove that your marriage is bona fide and have adequate support financially. Many attorneys offer free consultations.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
Did the foreign person enter with K-1 (fiancee) visa, ESTA permit, a B-2 visa, or some other visa?
It is always a good idea to have a professional help you.
I always have a professional mechanic work on my car. He has the tools and knowledge that I don't have.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
I am concerned by what you mean by "after 90 days." Did the foreign national spouse enter on a K-visa and you failed to marry within the required 90 days? K-visa holders who do not marry within the 90 day period are in violation of immigration law, and are in danger of being placed in removal proceedings. I suggest you consult with an immigration to evaluate the risks and the effects of this violation on your foreign national spouse. Knowing the risk may help you gauge whether you should/want to hire an attorney.
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