Legal Question in Immigration Law in Nevada
I am in the military and am going to get married. I find out my soon to be spouse is an illegal immigrant and was brought here when 16 without an inspection. I am a citizen and will be getting out of the military soon, I want to know if being the military changes the process of legalization?
2 Answers from Attorneys
The same rules apply to your future spouse. When applying for adjustment of status, the fact that you are in the military affects the Affidavit of Support requirement only.
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She'll probably need to apply for her permanent residence through a consular interview in your home country along with a I-601 waiver for her unlawful presence inside the U.S.
You may find detailed information on the process here:
http://www.msclaw.com/immigration-waivers.html