Port Hueneme, CA Immigration Law Firms & Lawyers

Unless your spouse entered the country with inspection, your spouse is not eligible for adjustment of status even if she was granted Deferred Action. Your only option is to get the I-130 approved and have it transferred to the National Visa Center for consular processing, where she will eventually be required to return to her home country to attend the immigrant visa interview at the US embassy/consulate. If your spouse has accumulated more than 1 year of unlawful presence in the US, she is subject to the 10-year bar and will need to apply for a provisional waiver on form I-601A and get it approved prior to her departure. Otherwise, she will not be allowed to reenter the US until she has remained outside of the US for the 10 years. This is a complicated process and it is highly recommended that you hire professional help.

The fastest way for your girlfriend to get a green card is to apply for adjustment of status on form I-485 if she is married to you and is physically present in the U.S. While the application is being processed, she will be allowed to remain in the U.S. legally and can also apply for a work permit and/or a travel document. If she is currently abroad, you can petition for your girlfriend after you are married on form I-130. It will take approximately 9-12 months for the paperwork to be processed before her visa interview will be scheduled at the U.S. consulate in Japan. If you have met each other in person within the last 2 years, you can also petition for her as your fiance on form I-129F. If the petition is approved and she gets a visa, she must marry you within 90 days of her arrival in the U.S. and then apply for adjustment of status for her green card.

The visa bulletin for January 2011 indicates about 2 years. It used to be about 5 years wait time just a few months ago. File your family petition as soon as possible.