Ticonderoga, NY Immigration Law Firms & Lawyers

Does she otherwise have a valid visa and I-94 card to stay here? If she is an undocumented immigrant then yes she is in jeopardy of being deported and should consult immigration counsel immediately.

You don't need to go back to get H1B stamp, you can do a change of status and work on H1B. Yes your wife can obtain H4 visa based on your H1B approval.

Most clients in your situation opt to bring their fiancé over on a K fiancé visa. She can process the paperwork at the foreign consulate and once it’s available, she can travel and marry you within 90 days of entry. After that, she can adjust status to get her green card. If she travelled as a tourist , she may be viewed by the officer who ultimately conducts the marriage interview as having preconceived intent and thus committing immigration fraud. I tell all my clients to go ‘by the book’ and be honest and process the case ethically. My office has a very affordable flat rate fee to process , from start to finish, these types of cases. Good luck.