Legal Question in Immigration Law in Texas

Re: Fiancee Visa

You need to consult an immigration attorney in your location. As a holder of a green card you are a permanent resident and there are visa quotas on the availability of visas which change every month and generally jump in October which is the beginning of the U.S. fiscal year and also

the beginning of the next year's new allotment of visas which have quotas. These quotas will apply to your spouse because you're a permanent resident and not a U.S. citizen which has no visa quotas for spouses of U.S. citizens. If you don't know what you're doing because of the quotas you can find yourself in worse shape than before you attempted to do anything. This might not be what you want to hear but please get an immigration lawyer in your area and consult with him or her.

Thanks.

Re: Fiancee Visa

As a permanent resident, you may file a visa petition to classify your spouse for immigration benefits. However, you'll have to "wait in line" until the U.S. State Department advises that those spouses of permanent residents who had approved visa petitions filed on or before a certain date can be eligible to apply for an immigrant visa.

Currently, the Government is allowing spouses of permanent residents who had visa petitions filed on or before March 1, 1999 (unless the person is from Mexico or the Philippines- they have a longer wait) to apply for their permanent resident status.

So, there's a significant delay right now.

You should seek legal counsel to determine the process, and to review your fiancee's situation in depth to see if she may be able to qualify on her own merits for a nonimmigrant visa to allow her to study, or work if she has a job offer, in the U.S. (all options should be reviewed).

Best wishes.

Eric Schultz (716-854-1541)