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Can I file for adjustment of status to green card if my wife still have a pending case with the IRS and not working

Columbus, GA |

I came in with a student visa (F-1)

Attorney Answers 5


  1. Best answer

    Generally, a U.S. citizen may petition for a husband to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card") notwithstanding that the U.S. citizen wife owes money or has a controversy with the IRS and notwithstanding that she is not employed. It may be necessary, however, to have a "joint sponsor" provide an Affidavit of Support under these circumstances. It would be wise to consult with an immigration attorney who could learn all the relevant details and then be able to advise about eligibilities, options and strategies.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway, Poorak & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com


  2. Yes, but a co-sponsor for the affidavit of support might be needed.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Hgxgc
    Fun

    Deborah L Karapetian


  4. Yes she will need to sign an Affidavit of Support as your Petition and you will likely need a co-sponsor as well who is a PR or U.S. citizen.


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law


  5. Yes, although she may need a joint sponsor

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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