She entered the country legally on a travel visa she stayed and her mother turned in her permit at the border. What measures do I need to take to make our union legal?
Meet with an attorney to see if she is eligible to adjust her status to a resident here in the U.S. Good luck!
Once you are married you can sponsor her for a green card, by filing Form I-130 along with I-485/I-765/I-131, but you should meet with an immigration attorney to ensure that there is nothing in her background that would preclude her from adjusting her status and getting all the forms and supporting documents together (there are a lot of forms and supporting documents needed).
An adjustment of status absolutely should be done with an attorney and not alone or with the help of a legal document preparer. Adjustments of status are perhaps one of the most common areas of notario and document preparer fraud or ineptitude. You should know whether your future wife can adjust status prior to marrying her by meeting with an attorney beforehand. Being married to a United States citizen is not enough.
Once you get married, you can sponsor her for a green card and her overstay will be forgiven, meaning she will not have to leave the U.S. to obtain the green card. Make sure to keep copies of all supporting documents that you'll need later (e.g. marriage license, ceremony photos, etc.). One of the most important things you'll need to include in the application is evidence that she entered the country legally (e.g. visa, passport stamp, etc.). Without this, she can't adjust her status in the U.S.
There are many parts to the application. I recommend consulting with an immigration attorney. Many offer free assessments and service clients in and out of state. Best of luck to you and family.
Since she entered with a visa, she can file her applications for adjustment of status and employment authorization along with your immigrant petition. Best to seek the assistance of an immigration lawyer to evaluate admissibility and make sure you submit enough documents to prove the good faith nature of your marriage.
Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.
You can file a petition on her behalf and she can file for adjustment of status to permanent residence as she entered the US legally. You are going to need to attach several supporting documents to these filings. I would recommend seeking the assistance of an immigration attorney to guide you through the process.
Answers to questions are for general purposes only and do not establish an attorney-client relationship, Each matter is unique and the specific answer is dependant on the facts, jurisdiction and many other factors. You should consult an attorney for specific advice on your matter.
You need to proceed with caution since the CBP database will show that she ( your spouse) left the U.S. when the mother ( and not her) surrendered the FORM I-94 at the border. The burden is on her to explain how she is in fact in the U.S. when the I-94 has been returned to DHS at a port of entry.
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