Denver, CO asked in Immigration Law for Colorado

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.

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1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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