Q: I'm newly married as a US citizen to a foreigner. We both want to move out of country but not where she is from.
Do we need to get a green card for her here first or is there another way? She was a small child in the country she was born and has no family in her country so she can't go back. We plan on leaving by end of next summer.
A:
You don’t necessarily need to get a green card for your spouse before moving abroad if you don't plan to live in the U.S. immediately. A green card is primarily for those intending to live and work in the United States. If your goal is to live elsewhere, you can focus on meeting the visa or residency requirements of the country you plan to move to.
When moving to a third country, you’ll both need to research and comply with that country’s immigration laws, which may involve applying for a spouse visa, work visa, or other residency permits. Each country has its own rules, and some may allow you to stay as the spouse of a U.S. citizen or through other visa categories.
If you ever decide to return to the U.S., having started the green card process now could make things smoother in the future. However, since your immediate plans are to move out of the country, focus first on meeting the requirements of your chosen destination.
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.
