Where do i start?? Please help

[Jamaicalove2008]

Hello!

I'm from California. someone can help me out. I've been reading some of the posts and it's apparent that folks on here know what their talking about, so maybe someone can help me too . In 2008 I met my now fiancé in Jamaica. He has been with me in California since Jan 31st of this year on a visitor visa with every intentions on going back to Jamaica, but now we're trying to see what we can do to get married and make or union official. As I said the plan was for him to come and go back to Jamaica, but we both know this is what we want. I've been hearing and reading so much, that now the process seems confusing. At first I read it was best for him to go back to Jamaica then return on a fiancé visa, then I visited sites that say that since he is here we should just get married and then amend his status. He was granted his U.S. visa December of 2013, and this is his first visit here. The visa is for 10 years, with multiple entries not to exceed 6 months. I contacted a lawyer but she is trying to charge $1500.00 in fees, which is why I came back to the internet to see if I can figure this out. Is a lawyer necessary? Also.... would someone mind outlining the process (steps) that I need to take to get married, and the steps that would follow so he can gain his citizenship and be able to support us. I know this is a lot to ask, but I would sooo appreciate any assistance. Thanks

Jennifer

[gwrig]

It is always recommended that you do consolar processing it takes about a year however it isn't the only option. If you get married and file the adjustment of status application concurrently with the I130 then he can change his status. However!!! If getting married and submitting your documents will pass the date on his i94 record he will lose the B2 visa. In other words. If u dont get married and submit the ALL the correct documents before 30th of june 2014 he will lose his visa. And then he definitely won't have the option to return back to the United States if he is denied the green card. For any time soon or any at all. First thing to do is get married. Thats the FIRST thing u need to do. Whether or not u gonna file adjustment of status or consular processing then after that see how quickly u can get all the documents together. If its going to pass the june 30th deadline. Its best to make him go back home n do the consular processing or maybe make him come back a next time. If however he does come back up DONT submit the application before 60 DAYS has elapsed on his i94. Hiring a lawyer is a good option to advise you.

[rayb]

Gwrig,

I think you are mistaking the term "Consular processing" with standard petition processing, as compared to Direct Consular Processing (DCF).

Submitting a spousal petition to USCIS by mail, then waiting for normal visa processing, will take 8 months to a year.

On the other hand, Direct Consular Processing, by submitting directly to the Embassy or Consulate, rather than by mailing to USCIS, Stateside, may result in a visa issuance in about half the time. The problem with DCF, however, is that it normally requires the petitioner to provide proof of having legal residency status in the country of his foreign spouse, and acceptance of a DCF application by the Embassy or Consulate is discretionary.

--Ray B

It is always recommended that you do consolar processing it takes about a year however it isn't the only option. If you get married and file the adjustment of status application concurrently with the I130 then he can change his status. However!!! If getting married and submitting your documents will pass the date on his i94 record he will lose the B2 visa. In other words. If u dont get married and submit the ALL the correct documents before 30th of june 2014 he will lose his visa. And then he definitely won't have the option to return back to the United States if he is denied the green card. For any time soon or any at all. First thing to do is get married. Thats the FIRST thing u need to do. Whether or not u gonna file adjustment of status or consular processing then after that see how quickly u can get all the documents together. If its going to pass the june 30th deadline. Its best to make him go back home n do the consular processing or maybe make him come back a next time. If however he does come back up DONT submit the application before 60 DAYS has elapsed on his i94. Hiring a lawyer is a good option to advise you.

[gwrig]

Thanks for the clarity Ray