Social Circle, GA Immigration Law Firms & Lawyers

You indeed may be eligible for such nonimmigrant visas for the purpose of staying in the U.S. temporarily. The choice between the two may depend upon your goals, such as intended length of visit. The Office of the Foreign Student Advisor at the university your wife attends may be a good source of information about applying in the F2 nonimmigrant visa category, and should be able to explain the process as well as discuss advantages of that option, without the cost of engaging an immigration attorney.

Generally, if a foreign national has overstayed a nonimmigrant visa, he is ineligible to apply to change status (to another nonimmigrant visa) or to adjust status (to become a Lawful Permanent Resident - to get a "Green Card") in the U.S., and instead must travel abroad and go through "consular processing." If the foreign national has been out of status for 180 days or longer, he may be subject to a 3-year bar to re-entering the U.S. (if out of status for a year or longer he may be subject to a very harsh 10-year bar). One exception to the foregoing is a marriage-based adjustment of status application for a foreign national married to a U.S. citizen. This exception does not apply to a foreign national married to a Permanent Resident ("Green Card" holder). It would be wise for you and your fianc?e to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.