Question:  Thank you Atty Byrd for your help and answers to our legal problems. I am a green card holder for almost three years now and presently divorced. I have a girlfriend in the Philippines and we are planning to get married when I come home. What are the options that I can bring her here in America so we can live here together? What are the procedures?  Again thank you so much for your answer.  EG

Answer:  Thank you for your question EG.  Congratulations on your upcoming marriage.  As a green card holder, USCIS allows you to sponsor your wife by filing a family petition.  However, there will be a wait time of several years.  On the other hand, once you naturalize, or become a U.S. citizen, you can upgrade your petition and speed up your wife’s immigration process.  You can also seek a consultation with a competent immigration attorney to discuss whether your fiancé might be able to enter the U.S. on a non-immigrant visa.

Q:  Hello Attorney Byrd.  Thank you for taking my question.  I entered the U.S. two years ago as a K-1 to marry my old fiancé.  After I entered the U.S., my fiancé became abusive, and I left him before we got married.  Now, I’ve found a wonderful man and we want to get married.  Will I have any issues?  Aurora

A:  Hello Aurora.  Thanks for your question.  Unfortunately, a K-1, or fiancé visa, is a single entry visa, and allows you to obtain a green card only through the person who petitioned you for the K-1.  You will not be able to marry another U.S. citizen and obtain a green card through him.  You will need to leave the United States and apply for an immigrant visa and a waiver of the unlawful presence bar that will apply when you leave the U.S.  You should seek the help of a competent immigration attorney to help you with the waiver at least.

Q:  I have married a U.S. citizen and applied for a green card.  I just received my biometrics notice.  I have a son in the Philippines, and want to know if my husband can sponsor him.  What should we do?  Thank you very much, and God Bless.

A:  Thank you for your question.  Your U.S. citizen husband will be able to sponsor your son as his step-son if your son was under 18 when you and your husband married.  If so, your husband may sponsor your son until he turns 21 years old.  Your husband will need to file a family petition and your son will go through consular processing at the Manila Embassy.

Q:  Hello Attorney Byrd and thank you for helping Filipinos.  My wife and I applied for a green card and just went to an interview in San Francisco.  We thought things went well, and the officer told us if he needed anything else, he would let us know.  Just yesterday, we received another appointment notice for a second interview in San Francisco.  What does this mean?  I thought there was only one interview?  God Bless, Cesar.

A:  Hello Cesar.  Thank you for your question.  If you and your wife have been scheduled for a second interview, it is likely an I-130 interview, commonly called a marriage-fraud interview.  For some reason, the USCIS officer decided that your relationship deserved a closer look.  Some common reasons for a second interview are when the petitioning wife is significantly older than the beneficiary husband, or when the husband and wife have not lived together for some period of time after married, as well as when the couple have little or no documents showing the good faith of the marriage.  In any case, I suggest that you speak to a competent immigration attorney who can prepare you for the upcoming interview.  This interview will be procedurally different than your first green card interview.  You will be separated and asked the same personal questions about your life together.  USCIS can ask any question in an attempt to determine whether your relationship is real.

Attorney Beverly Byrd has exclusively practiced U.S. immigration law at Byrd & Associates for over ten years, helping thousands in the Filipino community.  She obtained a law degree and then graduated with a Master’s in International Law from the prestigious Georgetown University Law Center in Washington, D.C.  Attorney Byrd currently offers for a limited time a $20 consultation, family based green card services in the U.S. for only $1,000 and fiance’ visa services for only $1,400  to Manila Mail readers.  Please contact her to schedule a
consultation via e-mail at info@byrdassociates.com, or at either of her two Bay Area offices found below.  You can also see her website at www.byrdassociates.com for more information.

San Jose Office                San Francisco Office
(408) 995-3268                (415) 362-2285
95 S. Market Street, Suite 300        One Embarcadero Center, Suite 500
San Jose, CA 95113                San Francisco, CA 94111