What are our options for my wife to return to the US in April with me?

UPDATED: Oct 1, 2022

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What are our options for my wife to return to the US in April with me?

My wife is a nz citizen. We married in
California in April last year while she
was on a B1/B2 tourist visa. We are
currently living in New Zealand, I have
w work visa at this stage, but job in
California is needing me back in April.
What are my wife’s options for applying
for a marriage greencard? We’re very
confused on how we can do it because of
her tourist visa. And our timeframe is
short here in New Zealand

Asked on January 8, 2019 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You'd need to petition for your wife to get an immigrant visa and typically this is done through the Consulate abroad but it also takes about a year.  You can try to enter the US with her as a B-1/B-2, especially if the job relocation to US is temporary in nature, at least for now,  and try to do the adjustment of status in the US later on but it would have to be strategized correctly and best to do it by discussing with an immigration attorney before you start so that you understand the issues involved.  You can contact me directly to discuss.  

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