Atlanta, GA asked in Immigration Law for Georgia

Q: I am a green card holder , I recently got married . My wife is on a B1/B2 visa . how can I apply for her green card ?

I received my green card through EB5 Investor Program and at the time of application I was single . I got married thereafter and my wife is on B1/B2 visa right now . Please advise what is the best procedure to be followed for the application of my wife's visa .

Related Topics:
1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Answered

A: Thank you for your question!

You can file an immigrant visa petition for your wife now, but it will likely take a couple of years before she can apply for an immigrant visa. She will need to return to her country of origin to attend a visa interview. If she has any unlawful presence, she might need a waiver before she can return.

Once you become a citizen, your wife can complete the process here in the United States; however, that requires she be undocumented for a long time.

I hope this helps!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.