Immigration Site

Hello!

I hope someone can help me. Im American and I traveled to the United Arab Emirates to be with my long lost love. Shes South African and we got married in Cyprus on May 14th, 2010. Ive been working here for a few months and I hate it with a passion. This past Friday, Ive been offered a job in Connecticut..one that I just cant refuse. I start on October 25th and I want to bring her back to the States with me. I went to the US embassy here and proceeded to start the paperwork for her green card. I was told that I cant apply for the green card until after December 1st of this year. Some new law that the UAE put into place. I cant leave here, either. Shes pregnant (were expecting our first child in June 2011).

Here are my questions:

1- Can I bring her to the US on a travel visa and apply for a green card while in the States since were married?

2- Can I bring her over on a Fiance visa, even though were married, and then apply for a green card?

3- Do I need an immigration lawyer?

Basically, what it comes down to, can I bring her back with me and do all the paperwork in the States?

Any help would be greatly appreciated. Thank you!

1- Can I bring her to the US on a travel visa and apply for a green card while in the States since were married?
No. You would need to file for an immigrant (spousal visa) in order for her to get a GC. Once she has the visa, then she can enter the US and upon doing so, will immediately be granted permanent resident status.
http://www.visajourney.com/content/i130guide1

2- Can I bring her over on a Fiance visa, even though were married, and then apply for a green card?
No. She is not your fiance. She is your wife........therefore you need the immigrant visa that I specified above.

3- Do I need an immigration lawyer?
There really shouldnt be any need for one unless your wife has a history of past overstays in the US or a criminal back. Most spousal petitions are very straight forward and completely doable by yourself (I did my K1 myself).

Of course, the easiest option is directly through the consulate using DCF- but I dont personally know all the rules surrounding the different consulates throughout the world, and it appears youve already looked into it and come across a hurdle with this option.

I went to the US embassy here and proceeded to start the paperwork for her green card. I was told that I cant apply for the green card until after December 1st of this year. Some new law that the UAE put into place. I am not sure you understood them correctly. UAE doesnt change or govern US immigration laws. If the US consulate in UAE doesnt allow direct consular filing, you will have to file I-130 when you come back to the States.

1- Can I bring her to the US on a travel visa and apply for a green card while in the States since were married? Does she already have a visa to visit the US?

I was told that I cant apply for the green card until after December 1st of this year. Some new law that the UAE put into place That cant be correct. You must have misunderstood something. Neither you nor she is a UAE citizen, and UAE doesnt control US immigration laws, so they have no authority to say you cant apply before December 1st.

Perhaps it is the consulate that has a rule that says they wont accept filings by DCF until you have lived in the UAE for a certain number of months, and December happens to be when you meet that requirement.

Anyway, if you move to the US you can file the I-130 immediately without regard to such UAE restrictions. When the I-130 has been approved and it is time for the consular formalities, it will be well after December 1st.