Legal Question in Immigration Law in California

If the foreign national is in the U.S. legally, all sponsorship paperwork (including petition for alien relative as well as adjustment of status application) can be filed together so that your spouse can adjust status in the U.S. if he or she initially entered the U.S. legally (even if authorized stay has subsequently expired).

If the foreign national is abroad and you are not yet married, but you have physically met the foreign national within the past 2 years, then you should consider filing a fiance(e) visa petition with the USCIS, which will allow the foreign national to enter the U.S. on K1 visa issued by the nearest U.S. Consulate in Mexico for the purpose of marrying the U.S. citizen fiance(e).

You can call our law firm during business hours at 212-268-3580 if you have questions, or email [email protected]

Whenever possible, adjustment of status in the U.S. is a better route to take. (805) 549-7745.

It depends on how she entered the US (i.e. illegally without inspection or with a valid visa).

You may find information here on the adjustment of status process if she entered legally with a valid visa:

http://www.msclaw.com/Green_Card_for_Spouse.html