Asked in Immigration Law for New York

Q: Can my wife apply for a green card if I do not have my own apartment?

Can my wife apply for a green card if I do not have my own apartment yet? I was residing outside of the US since I turned 18, and was living with my girlfriend, but now I am back in the US and live with my mom temporarily. Can my wife apply even though we do not have our own apartment in the US yet? She lives with me and my mom.

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3 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: Having your own place to live is not a pre-requisite to filing for adjustment of status. It would be helpful to have your mom complete an Affidavit affirming that you are living with her and state other facts that give your mom no doubt that you are a "true" (vs. fake) marriage. I recommend at least doing a consultation with an immigration attorney to make sure there are no other possible issues with you/her filing. Best wishes!

Tim Akpinar and Alexander Ivakhnenko agree with this answer

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Yes. You can use your mother's address as your current address.

Alexander Ivakhnenko and Tim Akpinar agree with this answer

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: Yes, your foreign national spouse may be sponsored by you (if you are a USC) regardless where you reside at the moment to adjust to LPR status.

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