Q: Can a green card holder apply for a green card for their spouse?
if i'm a green card holder and i want to marry someone who's staying here temporary (student visa) can i apply for a green card for my spouse, or only citizens can do that?
Thanks!
A: Yes you can marry and apply for the green card but the spouse won't be able to adjust his or her status here in the USA. The spouse will have to do consular processing, meaning do the visa interview in the home country. Only the spouses of citizens are permitted to adjust here. Good luck!
A:
Yes you can marry. You may sponsor him to immigrate while he is in the USA ONLY if he maintains his visa and does not have a single day of out of status or unlawful presence. He will need to leave the USA to adjust if he does not maintain his visa.
There are strategic options. I suggest the two of you consult with an experienced immigration attorney before you make any decisions or take any actions.
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A: Yes. You can file a petition for your spouse, which is the first step in obtaining permanent residency. There will be a brief wait period after approval since you are not a U.S. citizen. If your spouse maintains lawful status in the United States during this entire time, then he or she may be eligible to apply for adjustment of status within the United States once the visa is available. Otherwise, your spouse would need to leave the country before his or her status expired and pursue consular processing of an immigrant visa.
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