Because you are not a citizen of the U.S., your wife needs valid visa status to stay in the U.S. while your petition for her is being processed. If she falls out of status, she will not receive a green card even after your petition for her is approved. Processing of immigrant petitions for spouses of U.S. permanent residents now involves a 6-months waiting time for an immigrant visa; after an immigrant visa becomes available, processing of an application for adjustment of status (a green card application) can take up to a year, sometimes longer. USCIS will not extend your wife's B1/B2 visa for a year just to allow her stay in the U.S. while she waits for her green card. There are several visas your wife can apply for; to determine which visa she has the best chances of getting you need to consult with an immigration attorney face-to-face because this determination depends on a lot of personal details and circumstances. Alternatively, you can file an immigrant petition for your wife, and let her return to her country. When your petition gets approved, your wife will be invited for an interview to a U.S. consulate in her country and receive her immigrant visa there.
Answered on Feb 21st, 2014 at 5:44 AM