Asked in Immigration Law for New York

Q: I am an American living abroad with non-American spouse. I have no job, but 13.5 K in the bank. How to get wife over?

We screwed up everything. We married in Ohio while she was on her tourist visa and applied for a green card. She left a month later because of work troubles and I went with her. We told our last lawyer to cancel the forms. I have not worked in 5 months, but she makes enough for both of us, (She is a professor and a scientist, I swear to god I am not lying). I miss home but don't want to leave her. We applied to go to Canada for express entry, but I want a backup plan to get back to Ohio if that doesn't work. How do I get home and take my wife with me?

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1 Lawyer Answer

A: You can sponsor your wife for a green card even though you are living abroad.

The process begins when the US citizen spouse submits a visa petition to the USCIS.

Once the I-130 is approved, the foreign-born spouse will receive a packet from the US National Visa Center (NVC). The packet will list various documents which must be submitted to the NVC (e.g., passport, police clearances, results of medical examinations, etc.). The packet also includes certain forms which must be completed. A check for filing fees is required. Usually, the foreign-born spouse is interviewed and granted an immigrant visa within a few months of your submission of the required documents to the NVC.

For more information, please see https://www.shusterman.com/green-card-through-marriage/

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