Alma, GA Immigration Law Firms & Lawyers

If you entered the country legally and are not subject to the 2-year residency requirement, you can simultaneously apply for adjustment of status along with submitting your wife's I-130 petition after you are married.

Your wife would need to enter the U.S. with a valid visa. If it will be her intention to reside permanently in the U.S., it will be necessary for her to enter with a visa that permits such an intention (some visas, such as H1Bs allow this, others, such as visitor's visas, do not, and misuse of a visa can risk very harsh consequences). It would be wise for your family to consult with an immigration attorney who, after learning all of the relevant details about your wife and your family, would be able to advise about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

Generally, it is impermissible for someone to remain present in the U.S. after expiration of his/her visa; someone who has overstayed a visa is at risk of being placed in removal/deportation proceedings; and unlawful presence of 180 days or longer can create a 3-year bar to re-entering the U.S. (unlawful presence of a year or longer can create a very harsh 10-year bar).