How can I get my wife and child back to the US if our child is a US citizen?

Before I met my wife, she came to the US as a K1 fiance visa with someone else. Things didn’t work out and she ended up divorcing him before receiving a permanent residence. She is now married to me and we have a child. Now she is in her native country with my son because of some family issues. So I’m trying to figure out how I can get my family back? My son is a US citizen but my wife has no status. How can I get them back?

Asked on December 11, 2015 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Ok, first of all, it is a good thing that she left back to her home country since she would not have been able to legalize her status within the US if she first entered through a K-1 visa sponsored by another petitioner.  Now that she is overseas, you would need to petition for her as your spouse since you are legally married.  As far as your former attorney, do you know if he/she filed anything thus far or just discussed filing.  If nothing has been filed, you can have another attorney file it for you.  Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.


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