How can I help my spouse become a U.S resident? 14 Answers as of August 17, 2011

we have been married for 1 month and have a 3year old son together. I am a us natural born citizen. She also lives here in the US.

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
It depends if she entered legally, when, what other immigration applications was she the beneficiary of,....etc. You should see an immigration attorney before you do anything else.
Answer Applies to: Nevada
Replied: 8/17/2011
All American Immigration
All American Immigration | Tom Youngjohn
There are so many facts here that you haven't included. Did she enter with or without inspection? With a visa or visa waiver or illegally? Has she ever been arrested. Has she ever left the US and under what conditions? It's always smart to seek a second opinion.
Answer Applies to: Washington
Replied: 8/15/2011
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
Was her entry to the US legal? Is her status legal as of now? If the answer is yes for both questions, proceed with I-130 and other related papers. You can find them on the USCIS website. If the answer to any of the questions is no, then you need to obtain a no objection waiver first, then proceed with I-130 and related forms. Although from your question it seems like you have no idea what to do, in that case, hiring a lawyer would probably be more beneficial, since everything you do wrong will prejudice her.
Answer Applies to: Florida
Replied: 8/12/2011
The-Immigration-Lawyer.com, PC
The-Immigration-Lawyer.com, PC | Scott D. Mills
As a US citizen, you have the right to sponsor your spouse for citizenship. You need to show sufficient income to support her and your child. Also, if she entered illegally it creates a tough complication - but it is something we can work on. If she did enter illegally, you need to hire an immigration lawyer.
Answer Applies to: Utah
Replied: 8/11/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You would have to file a immigrant visa petition for your spouse in order to help her become a lawful permanent resident. Your wife would also have to file an application for adjustment of status. These documents can be filed simultaneously with USCIS. However, it is important to make sure your wife is eligible to adjust her status to a lawful permanent resident in the United States. In some instances, the spouse can only become a lawful permanent resident by having the case process through the U.S. Embassy/Consulate in his or her native country, which may trigger the need for a waiver if your spouse has been illegally present. A waiver may also be required in situations such as your spouse has a criminal conviction or previously misrepresented herself to the United States immigration authorities. If for some reason your spouse is not eligible for adjustment of status in the United States or other issues our present, she may be placed in removal proceedings. Our office recommends you discuss the matter with an experienced immigration attorney before taking any action.
Answer Applies to: New York
Replied: 8/11/2011
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    We first need to assess if your spouse is eligible for adjustment of status (obtaining green card from within the U.S.) or whether he will have to consular process (obtaining green card outside the U.S.).
    Answer Applies to: Texas
    Replied: 8/11/2011
    Yoo & Lee, LLP
    Yoo & Lee, LLP | Winston W. Lee
    Assuming that your spouse entered U.S. with inspection and has an I-94, then we can file the paperwork so that she can receive her green card. The entire process probably takes about 9 months.
    Answer Applies to: Washington
    Replied: 8/11/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    That will depend on if she came to the US legally. If not she may not adjust her status to permanent resident unless she is protected by 245i. Consult with immigration lawyer for advise.
    Answer Applies to: California
    Replied: 8/11/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    You need to petition for her residency if she is eligible.
    Answer Applies to: Florida
    Replied: 8/11/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Your question is not clear. I assume your wife is not legal here but the question how she became illegal, how she came to US, made big difference in terms of your odds. You should consult with an attorney with all your facts and paper work for better assessment. You are welcome to contact us for assistance.
    Answer Applies to: Florida
    Replied: 8/11/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    File for her green card.
    Answer Applies to: Texas
    Replied: 8/11/2011
    Law Offices of Sholeh Iravantchi | Sholeh Iravantchi
    The first issue to consider is What is her status in U.S.? It is relevant factor as how she came to US, he manner of entry and when, etc.... If there is no issue there then as your spouse a US citizen, you can petition for her and adjust her status. Note that there are many factors to be considered and since the information provided is not sufficient, I will be unable to fully assess your case and provide you with appropriate options.
    Answer Applies to: California
    Replied: 8/11/2011
    Orbit Law, PLLC
    Orbit Law, PLLC | Kripa Upadhyay
    As a U.S Citizen, you can sponsor your wife for Lawful Permanent Residence or "Green Card"; however, the process and how long it takes will depend on whether or not your wife is in the country legally or illegally. If she entered the U.S. legally i.e. with a valid Visa and was inspected and admitted, then she may be eligible to Adjust Status within the U.S. itself, but if she entered illegally then the process will be different. Also, any criminal convictions that your spouse has may also affect what would happen in your case.
    Answer Applies to: Washington
    Replied: 8/11/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    You can file petition for relative as your spouse; but it depends on whether spouse was inspected and admitted into the U.S.
    Answer Applies to: Florida
    Replied: 8/11/2011
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