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I have been married with my wife, who is citizen of United States for more than 6 years and we had a son together. Now, we are divorcing. She never applied for my residence. My question is, could I apply by myself for the green card?
9 ANSWERS
Adebola O. Asekun
You may be able to apply for green card on your own without your wife, but I doubt that this is something you can do on your own without the assistance of a lawyer.
Answered on Mar 11th, 2013 at 8:10 PM
Rebecca T White
No, under almost all circumstances you will not have a basis to apply for status as you are or after you have divorced. You need to consult an attorney as soon as possible.
Answered on Mar 08th, 2013 at 5:24 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You might be able to do that. To know for sure, you have to discuss your case with an immigration attorney face to face because the determination will depend on your answers to questions that cannot be asked on an open forum.
Answered on Mar 08th, 2013 at 5:24 AM
No, you cannot. You have to be petitioned, either by a qualifying family relative, such as a spouse or an employer. If you are already in the US for a while and are out of status, at this point, the ONLY way you will be able to legalize your status in the US under the current immigration laws is either through a valid bona fide marriage to a US citizen or when you child turns 21 and petitions for you as a parent of a US citizen.
Answered on Mar 08th, 2013 at 12:36 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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No. You can apply only through a marriage to a US citizen when you have overstayed your welcome.
Answered on Mar 07th, 2013 at 2:06 PM
Thomas J. Rosser
No. A family-based spousal adjustment of status petition (I-551 "green card") required the sponsorship (petitions signed by) of your USC wife.
Answered on Mar 07th, 2013 at 2:06 PM
It sounds like it could be too late for that if a petition has never been filed by your spouse. You could have applied yourself for adjustment if you meet the requirements but you would need an approved petition first. Please an Immigration Attorney for your options and chances of success.
Answered on Mar 07th, 2013 at 2:06 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You cannot file the I-130 petition yourself. It must be filed by the legal spouse. You may have other options and should hire an immigration attorney.
Answered on Mar 07th, 2013 at 2:05 PM