Legal Question in Immigration Law in Nevada
I am a US Citizen who makes a good living here in Nevada and wishes to marry his girlfriend of 2+ years. She is a Mexican who has overstayed a visa.
What is the best course of action for us to take so that she will be 100% legal, able to work in the USA and able to travel back and forth between Mexico and the USA to see her family?
2 Answers from Attorneys
If your girlfriend did enter the US with a visa and has merely overstayed it, you will have to petition for her and have her file a permanent residence application with US Citizenship & Immigration Services (USCIS). This process could take as short as 6 or 7 months in the Las Vegas office of USCIS. The two of you will be interviewed together, and the main issue is whether the marriage is real or not. She will receive a green card if she is approved.
I would recommend that you retain an immigration attorney to guide and help you two through this process. Otherwise, the paperworks can be confusing and she may experience significant delays far beyond the 6 or 7 months in being approved. I invite you to visit my website and contact my office as I represent immigration clients all over the U.S.
Larry L. Doan
www.GuruImmigration.com
http://guruimmigration.wordpress.com (blog)
After you marry, you can apply for your wife's "adjustment of status". Which means that you will petition for her as your spouse, and she will apply for permanent residency (green card).
This should be possible to do without leaving the United States if she came from Mexico legally on a visa. The process currently takes anywhere from 4 month to 7-8 month on average. When she has her green card, she will be able to freely travel back and forth between Mexico and USA.
If you have any additional questions, please let me know. Email: Attorney [@] law-visa-usa.com , Web: http://www.law-visa-usa.com
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