Legal Question in Immigration Law in New York

You have to become a USA citizen first. Only a USA citizen can file a Fiance visa petition. Only a spouse of a US citizen can apply for adjustment of status (and doesn't have to go back to France). Husband of a lawful permanent resident doesn't have the same legal options.

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There are two main issues to take into consideration - first is that you have to be a U.S.Citizen to file for fiance visa.

If you become a U.S.Citizen and you get married, then you can petition for your husband for green card.

The second important thing to check - whether or not your fiance has 2 year home residency requirement on his J-1 visa (which means that he has to return to France for 2 years) before applying for green card.

If you need further assistance - please contact our firm.

I would need more details regarding your particular case before I could comment on it properly.

However, as a permanent resident it would be best if you filed for the K-1 fianc� visa while he is out of the country. If you file for him while he is in the US the immigration service could take the position that you are filing for him so that he does not have to leave and that the relationship is not real. Applying while he is in the US will also take longer.

Patricia Martin-Gibbons