Legal Question in Immigration Law in Washington

Married without Green Card

In 1981 I married a Canadian women (legally in the USA). I am an American citizen. We have had two children together. My wife has never worked in the US; she never applied for a green card either (dumb!!). She would like to apply for a green card now. Does she have to return to Canada to do so? Is there a waiting period? Are there penalties?

Asked on 4/10/08, 2:52 pm

3 Answers from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Married without Green Card

Probably not. She should be able to process everything here and obtain her green card in a short period (depends on the processing time of the government and your local office). In fact, if she leaves she should be barred for 10 years from reentering the US. I have a few questions for you though. How did she enter the US and does she have any criminal convictions? Give me a buzz at the office and in 5-10 minutes we'll sort everything out and I'll give you a plan of action.

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Answered on 4/10/08, 5:33 pm
Tahmina Watson Watson Immigration Law, LLC

Re: Married without Green Card

Hi there. Your wife does not need to return to Canada to apply for a Green Card. However, you do want to be careful about her leaving the country before receiving her Green Card. Process takes about 6-9 months on average. If you would like to talk further about your case, please feel free to call me. Best wishes, Tahmina

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Answered on 4/10/08, 7:03 pm
Michael Cho Law Offices of Michael Cho

Re: Married without Green Card

She'll probably be able to apply for an adjustment of status (green card application) while remaining in the U.S.

You may find detailed information here:

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Answered on 4/11/08, 1:59 am

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