QUESTION

Can she stay in the US while we are waiting for the approval and can I include the children on the same petition or I have to adopt them first?

Asked on Apr 18th, 2013 on Immigration - Michigan
More details to this question:
I am a green card holder and I want to petition for my wife and her two kids.
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2 ANSWERS

Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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She needs some kind of legal status to remain in the US. If you are an LPR then you include derivatives on your I-130. If you become a USC then you need to file separately.
Answered on Apr 19th, 2013 at 2:50 PM

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Since you are a PR, she cannot stay in the US to adjust status. I hope she is here legally. Otherwise she will have other issues. Better see an immigration attorney to go over all the facts and options.
Answered on Apr 19th, 2013 at 2:49 PM

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