World Journal Weekly Q & A - June 3, 2012Stepchild Does Not Necessarily Have to be Under 18 at the Time of Parent's Marriage to USC to Get a Green Card.A fiancé asks: My fiancee is in China, was married before, and has a son who is 19 years old. If we marry, she is afraid that she will be separated from her son. I read articles that in order for me to petition for her son, he would have to be under the age of 18 at the time that we marry. What can I do because this is keeping us from making a final decision on whether to get married or not? Dear reader: There is a possibility that the son may be able to immigrate to the U.S. with his mother. Under a quirk in the law, you can petition for your fiancee under a K-1 visa for fiance/fiancee, and if the visa is approved, the son would be eligible to come over as a K-2 dependent. If they enter the U.S. prior to the son's 21st birthday, and all the requirements are met by you and his mother (marriage within 90 days of entry and that the marriage is bonafide), both she and her son would be eligible for adjustment of status to permanent residence. U.S. Citizen Threatening to Withdraw Spouse's Application to Turn Temporary Green Card into Permanent Green Card Because of Argument - What to Do?A husband asks: I married a U.S. citizen who sponsored me for my green card, obtained a conditional one good for two years, and we had a baby last year. My conditional green card expired in March and we filed the I-751 application to remove the conditional basis of my green card before that in January, but have not received a decision. We had an argument two weeks ago and my wife has been threatening ever since to withdraw my application. I am very afraid at this point. What can I do? Dear reader: The I-751 application is yours and not your wife's. She cannot withdraw your application although she can complain to U.S.C.I.S. about your behavior. It appears to me from your account that you have a bonafide marriage. U.S.C.I.S. will either approve your application or request an interview with you and your wife since this is a joint petition. If you have not made up by the time of the interview, you can explain the situation to the examiner with or without your wife being present. The examiner will likely give you a standard time period of 87 days to obtain a divorce. Then you can change the character of your I-751 application from a joint filing to divorced but having had a bonafide marriage. In such case, you can still have the conditional basis of your green card removed. L-1 Intracompany Transferee Switching Companies and How it Affects L-1 and L-2 Holder.A L-2 holder asks: I came to the U.S. as the spouse of my husband who is holding L-1B intracompany transferee status. He is a senior marketing analyst. As an L-2 dependent, I have obtained an employment authorization card good for two years. The problem is that my husband is not happy with his job and wants to switch companies. How will he go about that, and how will that affect me? Dear reader: The L-1B visa depends upon your husband's having worked for the affiliated company overseas for at least one out of the past three years. I seriously doubt that he will be able to meet that condition when he moves on to the next employment. Therefore he is probably no longer eligible for L-1B treatment and the new company will likely sponsor him for an H-1B specialized occupation visa petition. There is a cap on the number of H-1B petitions every fiscal year, but the cap quota is still open at this time. Although expected to close in early June. If your husband’s case is filed in time, the first date that he would be eligible to work would be October 1st, the beginning of the new fiscal year (FY-13). Unfortunately for you, you would have to switch to H-4 status from your present L-2 - the disadvantage being that H-4 dependents are not allowed to work (although there is talk that the agency is considering giving employment authorization to H-4's in the near future).
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Copyright © 2003-2012 Alan Lee,
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