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My wife is coming to visit me with my child (3 years old ) how I can make her legal resident to stay here in USA ?

Phoenix, AZ |

I am married since 2008, In 2011 got the DV lottery immigration, my wife refused to travel with me, in Oct,2012 I got divorce from phoenix court, now we reconcile and shes coming next month by visit visa,(we have church marriage and we planning also for court remarriage ) am green card holder since January 2011, can we apply for resident permit for her and my child, how long it will take ? she has chance ? Please help me , Thank you

Attorney Answers 3


  1. Right now, the 2A category (spouses and children) of permanent residents is current.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. Coming to the US on a visitor visa for the purpose of getting married could be construed as visa fraud.

    What can be done will depend on whether the priority dates are current when you marry and file.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Your wife cannot come specifically for the purpose of getting married in the US, because she needs to use a fiancé visa for it, but once in the US, she can adjust her status based on your permanent resident status. Just make sure to consult an attorney because of the possible fraud issues.

    Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.

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