Im U.S citizen my wife isn't, how could I change my wife's status to legal alien or permanent resident?

Question

We live in Texas.

Answer 1

Please visit this url: http://www.uscis.gov/files/nativedocuments/Citizenship_2004.pdf

If you both already live in the US

The U.S. citizen must submit a Petition for Alien Relative (form I-130) to appropriate US Citizenship and Immigration Services (USCIS) office to prove that the marriage is genuine.


Attached to the visa petition are the following items:

Biographical forms (forms G-325A) for both the husband and the wife with photos attached.
Proof of the petitioner's citizenship. This can take the form of a U.S. Passport, a Certificate of Naturalization or Citizenship or a certified copy of the citizen's birth certificate.
A certified copy of the marriage certificate.
Certified copies of the documents that terminated any previous marriages of the husband or wife, including final divorce decrees, and certificates of annulment or death.

At the same time, the foreign-born spouse, assuming he or she entered the U.S. lawfully, should submit an application for adjustment of status (form I-485), which is an application for a green card. Normally you will also have to submit form I-485 along with green card photographs, an affidavit of support from the spouse, an application for employment authorization, an application for a travel permit (known as "advanced parole") - assuming the non-citizen spouse has not been in the U.S. unlawfully for 180 days or more - and numerous other USCIS forms.


The first step is to file a Petition for Alien Relative, Form I -130 for your spouse to immigrate to the United States. You file the petition with the Department of Homeland Security's, U.S. Citizenship and Immigration Services (USCIS) immigration Field Office in the United States that serves the area where you live.

Please note:

A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

There is no minimum age to file a petition for a spouse for immigration. However, you must be 18 years of age and have a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for spouses and other relatives of U.S. sponsors.

You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases.

Answer 2

If you entered illegally there is no way you can adjust status. Your first marriage is valid and the second is not. You have committed the crime of bigamy and that would get you deported even if you had been here legally. If your real wife in India has any sense she will inform the US Embassy that you have illegally married an American citizen. If you had bothered to get a legal divorce from your first wife you might have been able to correct the mess you are in but it's too late now. Your own actions have ruined everything. You will be going back to India as a failure.

Answer 3

This is the USCIS webpage on this subject
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5993da568324e010VgnVCM1000000ecd190aRCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

You may also need to submit an I-130 petition as grounds for the I-485.

If she is in the country legally then you won't have much trouble. If she is here illegally or is "out of status" then you will want to talk with an immigration attorney.

You can get additional help from others who're dealing with the immigration hell at http://visajourney.com

Answer 4

you can get a immigration lawyer for your thing to go faster . Then apply for permanent residence for her The lawyer will tell u ecerything that u have to do . The most important thing is you are already married to her then you are a citizen

Answer 5

Hi,

We've just gone through this process. You need to file the I-485.
Just to warn you, the fees are triple by July 30th, so if you can file before that date.
You need to submit also an affidavit of support, to make sure she won't become public charge, you are financially responsible for her, until she becomes as US citizen.
(That means, no medicare and food stamps, and so on)

Good website to use( we did) see below.

Answer 6

I re-married and he was legal at the time of our marriage, while waiting on the attorney to finish our paperwork he overstayed his visa (we knew each other long before we married), our attorney said to keep paying taxes, with an itin number, maintain our bank accounts, health insurance, stocks, etc, and for him to stay put!
We paid the extra 1,000 to expedite his paperwork, and are now waiting for his work permit and green card, it takes SO long, . first poster gave you all the info to the website to download forms. Be careful, some of them MAY be out of date, it is best to get legal help, especially if she is here illegally!

Answer 7

She can apply for a permanent marriage green card. And after 2 years (if she wants) she can apply for US citizenship. I would recommend the green card.

Answer 8

Call immigration there the 1s with the correct answer.

Answer 9

all you have to do is file some documents for her. You can go here
www.uscis.gov

Answer 10

you'll have to do it the legal way