Legal Question in Immigration Law in California

Re: Married but can't apply for green card

First of all, take a deep breath. Now, check your J-1 visa and see if you have a two-year residency waiver meaning that you do not have to return to your country and can adjust your status here in the U.S. without having to spend two years outside of the U.S. before getting your green card. Second, your husband CAN and should, at a minimum file this I-130 petiton on your behalf. That petition is absolutely necessary in order for you to apply for your green card in the first place. The I-130 will make a determination with regard to whether or not your marriage is "bona fide," that is, in good faith. Okay, if your husband could get his act together, then you can file the I-130 petition, I-485 adjustment of status, and I-765 for your work permit, all at the same time. With regard to your husband: you can have another sponsor if your husband's income does not meet the threshhold requirement to sponsor. What about you -- have you paid any taxes? Get your husband to try to get his past tax filings done, and then request a monthly payment. You said "child support," and he should look at the agreemeent carefully. The good thing is that child support is an exemption, and he gets to write it off.

Good luck and let me know how you are going to proceed!