I am a US citizen, my wife is Chinese. Our daughter is also a US citizen (age 5). We have registered her birth with the consulate and got her US passport and Foreign birth abroad. My daughter and I have repatriated and brought my wife in on a B1/B2 visa.
Immigration is a unique and often complicated area of law. More information is needed and you should immediately consult with a qualified and experienced privately retained Immigration Law attorney in your area. This is not the time to cut corners and an experienced Immigration Attorney can spare you from expensive and time consuming pitfalls. With the current anti-immigration atmosphere you should take what ever action is necessary to achieve your immigration goals.
In marriages where a U.S. citizen marries and sponsors a non citizen for an immigrant visa, their application will be reviewed by the U.S. Citizenship and Immigration Services (USCIS) and possibly the U.S. State Department. A large number of the marriage-based immigration applications are fraudulent. To qualify for a marriage-based immigration, you must prove you are sharing a life together. You cannot merely show you are legally married.
When Immigration Officials are reviewing a Marriage, they look for certain RED FLAGS indicating marriage fraud fro Immigration purposes. They are likely to question: no shared language; significant difference in age; difference in religion, different social class or cultural background, difference in race, unequal educational background., different addresses, same house, but no actual interaction, secret marriage (haven’t told your friends and family), convenient timing of marriage, (married after an undocumented person is caught), evidence of shared life created right before the interview (new joint accounts, assets, memberships, etc). Those items will likely have calendar dates certain. Immigration officials may also consider as suspicious a marriage soon after meeting, marriage soon after a divorce, (suspiciously short courtship), history of sponsoring other immigrants (married and petitioned for one or more other immigrants), non citizen from a country with a history of immigration fraud, no children (where woman is of childbearing age), Petitioner is poor, history of crimes, fraud, or lies by either spouse. (persons with criminal record more likely to enter sham marriage) and other possible factors. Couples with the above circumstances may be given a hard time by the immigration decision-makers. They are RED FLAGS.
Some Immigration Offices and Legal Aid offices have “self-help” departments staffed by immigration law paralegals to assist the general public with the selection, completion and filing of immigration law motions. These individuals are knowledgeable in immigration law issues. They may or may not give you legal advice specific to your case, but they will give you practical advice on how best to proceed, what forms to file, and anticipated time frames involved.
Federal law governs Immigration Statutes and Procedures. Immigration is Federal Law, not state law or governed by local Statutes or Ordinances. To locate an Immigration Attorney go to https://www.avvo.com/legal-guides/ugc/how-to-hire-an-immigration-attorney
This is not legal advice! An attorney licensed in your state can provide you with legal advice. I strongly recommend you make an appointment with a competent and experienced Immigration Attorney in your area, who can take time to carefully evaluate and explain all options available. This is merely suggestions for you to think about in discussing your situation with the local attorney.
This is not legal advice and I am not licensed to practice law in your state. You need to speak to an attorney who is licensed in your state for legal advice. This is merely suggestions for you to think about in discussing your situation with the local attorney.
Your wife may be adjustment eligible but more information is needed. It is best to consult with an attorney for guidance.
A US citizen may apply for a wife's immigration change of status by filing from I-130.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
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