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Difficult situation to apply for residence

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  • Difficult situation to apply for residence

    Hello:

    I married a U.S. citizen of the same sex three months ago, and I am getting ready to apply for the green card through marriage this year. I was married to a person from the opposite sex before and applied for the green card three years ago, but it was denied due to a lack of proof of evidence, so I do not know if this will affect my application this time? Should I hire a lawyer given the fact that they may think either of them is not real although they are?

    Also, I have a civil case against me accusing me of fraud and I am awaiting trial this January, but I do not know how long it will take to solve the case because it is just in lower court right now and since it is a felony, it may go to circuit court after. Should I apply while awaiting trial or wait until it is resolved. I have a time conflict because I have an internship in the Summer. If I still have not been convicted, can I send the form I-601 with my application or would that confuse the officers in case the case is dismissed, for example? Would attaching form I-601 imply I am guilty?

    Also, I am having trouble figuring out if I need to fill form I-864 or I-864EZ for the affidavit. My spouse meets the requirements to be the sponsor, so is there anyone that can guide me please? Also, what are the forms I need to submit for the green card application?

    I would appreciate it if someone could help me with these questions please as my case is complicated.

    Best regards

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