Legal Question in Immigration Law in Florida

My wife is a permanent resident of the US, She can apply to become a US citizen in December of 2010, I came here as an Student and I finished my studies and I lost my status after staying here in the country. She was married and separated when we got together but she divorced in March 2009 and then We married in July 2009, Should I wait for her to become a citizen? Should we send her petition before? if the answer is yes How soon?


Asked on 3/10/10, 12:24 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Because this is a public forum, I can't tell you what you "should" do. I can give a general information about immigration law.

How did you wife become a resident: through marriage with a US citizen? When did she marry? How long she was married to her US citizen husband? When did she become a resident?

She can petition for you either now or after becoming a US citizen. In any case, in her Naturalization application, she is required to provide true and correct information about you, her husband (who is present in the United States illegally). When she is a US citizen, her petition can be "upgraded". However, I don't see an immediate benefit of petitioning because as a spouse of a lawful permanent resident, you are not going to be entitled to a work permit or any other immigration benefits until the priority date is current or she becomes a US citizen and upgrades her petition.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 3/15/10, 5:35 pm


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