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Can my wife be in the US while we apply for her Green Card through marriage with me? I am a Green Card holder.

New York, NY |

I am a Green Card holder, living in the US. I know it usually takes quite some time to get a Green Card through marriage to a Green Card holder. I am wondering if my wife will be allowed to stay in the US while we apply for her Green Card based on the marriage with me.

Attorney Answers 4


  1. She can stay in the U.S. while waiting to adjust status only if she is able to maintain her status while waiting for a visa number. If she cannot maintain status, then she cannot remain in the U.S. It would be different if you were a U.S. citizen. Spouses of U.S. citizens would not be removed while waiting on a visa number to become available so that they can adjust status.

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    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  2. Maybe. If she can maintain her status, she can stay here. If she falls out of status while waiting for the priority date to become current, she will not be able to adjust status.


  3. She can stay only if she'll be able to maintain her non-immigrant status. Were she to "fall out of status" while her petition is pending, she will be unable to adjust status once her priority date becomes "current" (anywhere from 6 months to 1.5 years from now.) Spouses of LPRs (green card holders), as opposed to spouses of USCs are unable to file for AOS, unless they are in valid nonimmigrant status at the time of being able to file. Were she to fall out of status, then another option is to wait to file for AOS once you naturalize and obtain US citizenship. Spouses of USCs are deemed to be "immediate relatives" ("IRs"), and as such are not required to maintain status, nor be in status when filing AOS, nor are they penalized for having engaged in unlawful employment.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. When are you eligible to become a US citizen?

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

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