Q: My fiancé and I married a few days ago. She came here from the U.K. on a visiting visa in October 2016! BUT....
Her visa expired feb 2017. And she has overstayed due to us having a child together what process do we take now so she can legally stay?
*Added*
Would it help if she renewed her visa?
A: You may be able to petition for her as your wife. The process is long and complicated, and requires numerous government forms to be filed, along with $1,225 & $535 government filing fees. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you two, analyze, assess and evaluate your case, handle your case in order to maximize the possibilities for a successful result. Good luck to you.
A:
If you are a citizen, then you can file an immigrant visa petition, and she can file an adjustment of status application. both can be filed at the same time. Your wife will get her green card here in the United States.
Because she entered lawfully, and because you are a citizen, there is no penalty for her because she overstayed; in fact, if she leaves at this point, the case becomes more complicated.
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