Ridgewood, NJ Immigration Law Firms & Lawyers

I am assuming that you are a U.S. Citizen. First you must file forms I-130 and I-485. This starts the process. Other documents will also be needed such as an Affidavit of Support and documents showing that you are in a bona-fide marriage and not one for immigration benefits only (Sham Marriage). Since your husband entered the U.S. illegally, he most likely will have to go through consular processing in his home country and may also need a waiver for his unlawful presence. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is properly presented so as not to delay the process. Good Luck.

Although she may accrue unlawful presence, as long as you file the necessary paperwork with USCIS shortly after you marry, she can still be approved. If more than 6 months pass without lawful status, she should not travel outside the US until the lawful permanent status is approved.

L-1 means you can only be employed by the sponsor company to remain in status.  Deriving income from a passive investment should not be construed as employment.