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My wife is a nonimmigrant alien sponsored by her employer. Do I need to change that status with immigrations

Silver Spring, MD |

I married a girl from another country who is being sponsored by her employer. Now that we married do my wife have to remain under her employer sponsorship.

If I choose to allow her employer remain her sponsor would I be in violation the Depart. of Immigrations.

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Attorney answers 2


It depends. If you are a U.S. Citizen, then you can petition her and she can file for adjustment of status. As the wife of a U.S. Citizen, she is eligible for an immediate visa. This means that she does not have to rely upon an employer's petition at this point.

The process of obtaining conditional and later permanent resident status through marriage can get complicated. Your family should seek an appointment with an experienced immigration attorney for further assistance with the petition process.

The above is general information and does not create an attorney-client relationship.


If you are a US citizen, married to a foreign national who is in the US on a non-immigrant visa, you should apply for her permanent resident status.

The most favored category under US immigration law is immediate relatives of US citizens, which your wife appears to be. Adjustment of status may be available and relatively straightforward. Contact an immigration attorney right away.

Lamar Peckham
Law Office of Lamar Peckham
555 Sebastopol Rd., Ste. C
Santa Rosa, CA 95407

Cal. State Bar No. 121790

--20 year member of the American Immigration Lawyers Association--
--Practicing immigration law before USCIS, in Immigration Courts, the Board of Immigration Appeals, U.S. District Courts, U.S. Circuit Courts of Appeals; admitted to practice in the U.S. Supreme Court--
--Practicing criminal defense law in all the courts of the State of California--