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

Asked over 1 year ago - Columbus, GA

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

Attorney answers (5)

  1. David Nabow Soloway

    Contributor Level 17


    Lawyers agree

    Best Answer
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    Answered . 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
    404-320-7000 * 1-877-232-5352 *

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal... more
  2. Lynne Rogers Feldman

    Contributor Level 18


    Lawyers agree

    Answered . 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

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

  3. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more
  4. Deborah Lynne Karapetian

    Contributor Level 18


    Lawyer agrees

    Answered . Hgxgc

    Deborah L Karapetian

  5. Samuel Patrick Ouya Maina

    Contributor Level 19

    Answered . Yes, although she may need a joint sponsor

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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