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Green card pending, wife got citizenship

Silver Spring, MD |

My application for green card has been pending for 2 years, but my wife just got her US itizenship.
Can we adjust status based on her US citizenship or just wait until i get my GC which may take longer than 3 years (marrying US Citizen) before applying for my own citizenship.

Attorney Answers 2


  1. We need more facts to answer. But if your GC was based on employment and now your wife is a US Citizen, you can ask to transfer the I-485 on the family based petition. However, as a practical matter, this has been hard to do. I will advise you talk to a lawyer and try to use the US citizenship of your wife if possible.

    Good Luck
    Shah Peerally
    Founder and Managing Attorney of Shah Peerally Law Group PC

    The Law Firm Deals in Immigration law & Debt Relief

    Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer or a fee agreement is signed by the attorney and the client.


  2. I will attempt to answer your question, but the relevant facts are not clear.

    From your question, I will assume that you are either entered the US with a valid visa and/or are in a valid non-immigrant status, have no criminal record and are otherwise admissible; the sponsor can demonstrate sufficient income; there is no prior fraud or misrepresentations; you are not subject to any foreign residency requirements, you have not been removed or excluded before; etc. I will further assume that your wife is a US Citizen and that you were not married to her when her green card was approved. These assumptions (as well as others) may or may not be correct.

    Based on these assumptions, your wife's I-130 petition that was filed on your behalf can be changed to an immediate relative petition - giving you an immediate visa. In other words, you would be eligible to file for adjustment without delay.

    A note of caution: You should certainly contact an experienced immigration attorney to review your specific facts and eligibility. There are us too many potential pitfalls to proceed with your case in the dark.

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