Martinez, GA Immigration Law Firms & Lawyers

I am assuming that she is a U.S. Citizen. She will need a joint or co-sponsor for the Affidavit of Support who meets the minimum income requirements. If she is able to find a qualifying co-sponsor, she should not have any problems.

From your description, you have overstayed your visa and you no longer are in status. A foreign national who enters the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen generally is eligible to adjust status notwithstanding that the foreign national overstayed an initial visa. The immigration application process can be significantly more complex than it might appear just from reading the immigration forms and their instructions. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant details, would be able to advise about eligibilities, options and strategies, and would be able to offer legal representation in the application process.

Generally, if otherwise eligible, someone who entered the U.S. lawfully and with inspection such as with a nonimmigrant visa in the I category - may apply to "adjust status" in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"). After one has been a Permanent Resident for five years (only three years for most people married to U.S. citizens), one may apply to become a naturalized U.S. citizen. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant details about you, will be able to advise you about eligibilities, options and strategies to achieve your immigration-related goals.