Pacifica Legal Services | Floyd Fernandez
Assuming that your wife's J-1 received a waiver from the CIS to be able to stay without returning for a two year period, then she has overstayed, but can adjust status, once you file a successful Petition for Alien Relative. It will take at least a year, counting the time taken to process your Petition and that of your wife's Application to Adjust Status, which is the second step in the process of getting a green card. Under no circumstances is your wife to leave the country, or she will be subject to an immediate 3 or 10 year bar to being able to apply for any immigration visa. She may get advance travel parole, an I-131 application for travel, only once she has filed her application to adjust status, and that will take at least three months to receive, and she would be limited to no more than 90 days to be outside the USA under that I-131. If you have any question, or there is any way I can assist you in applying for your wife's immigration benefit, by all means call or e-mail to set up a consultation.
Answer Applies to: California