There are more details that must be known to answer your question, e.g. how did you enter the country. You probably will be able to fix your status but it is important that you do it correctly because mistakes can have serious consequences. The future of your family depends on what you do next. Please contact an immigration attorney to assist you. You can find one in your area at the Find a Lawyer section of this website.
Only an immigration lawyer you hire can attempt to help you. You will not resolve your problems or fix your immigration status by posting questions in a general forum.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Spouses of US citizens may be eligible for permanent residence. The details of the case would determine what course of action would need to be taken. Often the spouse needs to file an I-130 and the immigrant needs to file for adjustment of status, consular processing and/or waivers. Consult with an immigration attorney to determine your eligibility.
Please note that this response is for informational purposes only and does not create an attorney-client relationship.
Please see an experienced immigration lawyer. There's more to it than can be answered here
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.
You hAve a complicated case. Your USC spouse can file the I130 but the next step is what needs to be discussed with an attorney. At least schedule a consultation so you know what is involved. It's too involved to discuss on Avvo.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.