How can I help my wife fix her immigration status? 5 Answers as of July 17, 2013

I am a US citizen and married with the woman last June 10, 2010 who is C1 visa and out of status right now. She came here last year March 2010. It there's any chance to fix her status or can I apply a petition I-130 for her because I don't wanna lose my wife... I really really need help...

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Unfortunately, C status cannot be changed to another inside the U.S. there was a law in 2001 that would allow such action. Maybe if there is immigration reform it will be renewed. Be sure to make your voice heard in the next election.
Answer Applies to: New York
Replied: 7/19/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You will have to go with the I-130 and she will have to leave the US in order to pursue consular processing of her visa. This is because she came in on a C-1 visa, which is only a transit visa. It only allows passage through the US to another destination with the designated airline at the appointed time, place, etc. Change of status is not allowed. But as I said above, you can always file an I-130 and go from there. Good luck!
Answer Applies to: California
Replied: 7/15/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your wife cannot apply for a green card from within the U.S. (adjust status). She will have to leave the country and apply through a Consulate. However, she will need a waiver of inadmissibility if she leaves the U.S. because of her unlawful presence which she has accrued since March 2010.
Answer Applies to: California
Replied: 7/15/2011
Fong & Associates
Fong & Associates | William D. Fong
You can file for the relative petition (I-130) here, but your wife will need to apply for the immigrant visa and a waiver at her home consulate. The waiver is required as she has accrued over one year of unlawful presence, which will trigger a 10-year bar under INA section 212(a)(9)(B)(ii). Consult with an experienced immigration attorney.
Answer Applies to: Texas
Replied: 7/15/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Your question requires more information. C1 visa enterant may or may not adjust status depending on certain conditions.
Answer Applies to: Nevada
Replied: 7/17/2013
Click to View More Answers: