apply for adjustment of status or citizenship directly

[kashif01 2]

My husband is a US citizen and I have been visiting him for the last 3 years for 6 months on a tourist visa (B1/B2). We have a son who was born in the United States. I am not sure which application I should go for. I should apply for adjustment of status or can I directly apply for citizenship as I have been married for over 3 years now and have been visiting USA for last 3 years and have been leaving the country after every 6 months for few months as I was on B1/B2. Currently, I am in the US and will be here for another 6 months.

Also my husband was married twice before and divorced as well. From the 1st marriage he has a son for whom he is still paying the child support and visitations. The last divorce was in 2011 in this case should I apply the paperwork myself or getting a lawyer in between will be safe. As I am not sure if my case falls under a normal category or can become difficult once applied. I dont want things to be delayed anymore.

I want to know what best will suit my situation.

Thanks

[Hypnos 6,576]

You are ineligible to file for US citizenship. If you wish, you can file for permanent residency. Follow this guide if that's the path you wish to follow: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

[Dave&Roza 748]

My husband is a US citizen and I have been visiting him for the last 3 years for 6 months on a tourist visa (B1/B2). We have a son who was born in the United States. I am not sure which application I should go for. I should apply for adjustment of status or can I directly apply for citizenship as I have been married for over 3 years now and have been visiting USA for last 3 years and have been leaving the country after every 6 months for few months as I was on B1/B2. Currently, I am in the US and will be here for another 6 months.

Also my husband was married twice before and divorced as well. From the 1st marriage he has a son for whom he is still paying the child support and visitations. The last divorce was in 2011 in this case should I apply the paperwork myself or getting a lawyer in between will be safe. As I am not sure if my case falls under a normal category or can become difficult once applied. I dont want things to be delayed anymore.

I want to know what best will suit my situation.

Thanks

You must be a LPR for 3 years AND married to a USC for 3 years. So you will be married for at least 6 years beore you are eligible to become a USC. You need to file for AOS. I would have a look at the I-864 form to determine if your husband makes enough for all the dependants he has to claim--you, your son together, his son from the previous marriage, and himself. That is a fanily size of 4 for the poverty guidelines. If you are currently in the US, you can apply for AOS by completign the I-130 and the I-485 forms. If you are currently outside the US you will need to have you husband file the I-130 spousal visa and wait for it to be approved before you receive your GC.

Dave

Edited April 26, 2015 by Dave&Roza

[kashif01 2]

Also my husband was married twice before and divorced as well. From the 1st marriage he has a son for whom he is still paying the child support and visitations. The last divorce was in 2011 in this case should I apply the paperwork myself or getting a lawyer in between will be safe. As I am not sure if my case falls under a normal category or can become difficult once applied. I dont want things to be delayed anymore.

[Cathi 5,609]

You aren't even here legally, what makes you think you can simply apply for citizenship. Become legal first

[Boiler 43,392]

When did you enter the US?

[kashif01 2]

You aren't even here legally, what makes you think you can simply apply for citizenship. Become legal first

I am in the USA as a tourist as of now

When did you enter the US?

10th march 2015

[Boiler 43,392]

So 4 1/2 months left not 6.

[kashif01 2]

So 4 1/2 months left not 6.

does that make a difference in any way

[Boiler 43,392]

It could have

[kashif01 2]

You must be a LPR for 3 years AND married to a USC for 3 years. So you will be married for at least 6 years beore you are eligible to become a USC. You need to file for AOS. I would have a look at the I-864 form to determine if your husband makes enough for all the dependants he has to claim--you, your son together, his son from the previous marriage, and himself. That is a fanily size of 4 for the poverty guidelines. If you are currently in the US, you can apply for AOS by completign the I-130 and the I-485 forms. If you are currently outside the US you will need to have you husband file the I-130 spousal visa and wait for it to be approved before you receive your GC.

Dave

Kindly, clarify if I need to fill in these forms as well while dispatching a packet including I-130 and I-485: 1) I-864, Affidavit of Support 2) I-765, Application for Employment Authorization

OR these are sent later

Many Thanks

[Hypnos 6,576]

It's stated in the guide I linked above.

[kzielu 1,144]

Kindly, clarify if I need to fill in these forms as well while dispatching a packet including I-130 and I-485: 1) I-864, Affidavit of Support 2) I-765, Application for Employment Authorization

OR these are sent later

Many Thanks

Yes, you need i-864 and i-693 and a lot of supporting documentation. Read the guide.

[Ms Hogan 295]

What country are you from that you are so easily coming back and forth?

Also my husband was married twice before and divorced as well. From the 1st marriage he has a son for whom he is still paying the child support and visitations. The last divorce was in 2011 in this case should I apply the paperwork myself or getting a lawyer in between will be safe. As I am not sure if my case falls under a normal category or can become difficult once applied. I dont want things to be delayed anymore.

Nothing abnormal about your husband having two ex-wives. He will need to get a certified copy of those divorce decrees though to show he was legally able to marry you.

[rgarciasantos 17]

You aren't even here legally, what makes you think you can simply apply for citizenship. Become legal first

and you need to educate yourself better, she is here on a tourist visa, she is here legally, so please don't talk down to people if you are going to be ignorant, just stay quiet.