How to get my wife legal status in the US?

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How to get my wife legal status in the US?

Last month I had a son with a woman from Sweden. She came here 6 years ago with her then husband. We also just married last week. Her visa is expired but not her I-94. That’s good for another 3 months. What do I need to do?

Asked on October 11, 2011 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is hard to imagine how her I-94 can be valid still if she has been in the US for 6 years unless she was a dependent of a work visa beneficiary, for instance.  Assuming she is legally divorced from her first husband and you two legally married, you can petition for her permanent residence on the basis of your marriage.  You would need to petition for her and concurrently she can apply for her adjustment of status to permanent residence.  You will need to provide all the supporting documentation to the USCIS.  The forms can be found on the USCIS website, if you intend to do the process on your own.  I would probably suggest that you consult with and/or retain the services of an immigration attorney to ensure that the process is done accurately.  Good luck.


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