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Can my wife get a temporary green card via adjustment of status? How long does the process take?

Bronx, NY |

Me and my wife have been married for 4 months now. She has a tourist visa and I am a Lawful Permanent Resident. We are both overseas as of right now. I travel often not to lose my status. I was wondering if we could both go to the US and if once there I could file a petition for her and shortly after an application for Adjustment of Status. I've been reading that if she entered the US legally this could work.

We are both doctors and I've been waiting for us to pass our licensing examination so she could get a visa by other means because I thought the process would take too long since I am only a permanent resident. If this is possible could we move to the US and wait for her petition to be fulfilled? Also, if this is possible, will she be authorized to work legally? Anything to know?

I've been a permanent resident for over 8 years... I've lived there and filed taxes for 4 of those 8 years. Have never committed a crime or have had any issues with the law other than one or two speeding tickets.

Attorney Answers 2


  1. Yes, you may apply for your wife as an LPR, but then she would fall under the 2nd preference category, and will have to wait a couple of years until a visa will become available in order to obtain a green card. If, however, you will become a US citizen, which appears that you are already eligible for, you may apply for her as well, and this way she will be considered your immediate relative, and a visa will be automatically available to her, and you will save a lot of time.

    Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  2. You can petition for her, but as an LPR you will have to wait for a visa number to become available, which currently is taking a little under three years. If you become a United States citizen then there would be a visa number available immediately and she could do the adjustment of status. It's very important that if you do the petition as an LPR she doesnt overstay in the US, otherwise she would have problems to get her green card in the future. Consult with an experienced immigration lawyer to evaluate the circumstances of your case.

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