Legal Question in Immigration Law in California

It takes around 6 to 10 months for your husband to get a conditional green card, if he meets all the requirements. You can also file the petitions for his 2 children, but it will take longer to process since it involves consular processing.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

You have to file three separate I-130 petitions as a US citizen on behalf of an alien spouse and step-children. Your husband is likely to adjust status to permanent residence first. The children will each immigrate separately. You must file Affidavits of Support for each plus since you may not be able to meet 125% of the poverty guidelines, you will need other Affiant(s) of Support to also file Affidavits.

Be very careful or hire competent counsel. If not handled correctly and one or both children age out, they might not be able to immigrate properly. Also be aware of preconceived intent which might be an issue in your husband's case in the event you planned to marry before he ever arrived as a B-1 visitor. Preconceived intent is a problem but it can be forgiven for spouses of U.S. citizens.

The above is informational, not legal advice. It does not form an attorney client relationship. For further information call me at 818 609 1953 or email [email protected].

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

Bd. of Legal Specialization, State Bar of CA

You can file for the child who is 18, but only if he or she was UNDER 18 at the time you married his/her father.

Otherwise, the procedure is different for the kids (who are abroad), and your your husband (who is in USA, and apparently can apply for adjustment of status).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

You may find comprehensive information on applying for her husband's green card here:

http://www.msclaw.com/Green_Card_for_Spouse.html

The children would have to be applied for separately, although the 18 year old child will depend on when you married.

Please feel free to contact me for a free consultation.