NYC EXPERIENCED IMMIGRATION ATTORNEYS
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The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Behar Intl. Counsel 619.234.5962 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.
The spose can become a permanent resident if the I-130 and I-485 documents are filed. An immigrant visa is immediately available thuis enabling both the I130 and I485 being able to be filed togetehr. Good luck with the marriage.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
Your spouse may gain permanent resident status if you file for her and she is granted resident status by CIS. There are many requirements to become a US permanent resident. One principal hurdle is she must demonstrate that she had a lawful admission to the US in a visa classification that permits adjustment to permanent resident status.
Your spouse would not become a permanent resident simply because you married him or her. In order for your spouse to get permanent resident status, you would need to file a series of forms with the USCIS, together with supporting evidence. There are various issues and complexities that could arise during the process, and you would be well-advised to hire an immigration attorney to represent you in this process.