QUESTION
When can I file for my husbands green card?
Asked on Jun 10th, 2011 on Immigration - New Jersey
More details to this question:
Me and my husband have been together for three years relationship-wise. We moved in together in October of last year and got married a week ago. Can I go ahead and apply for his green card? Or do I have to wait? I'm 18 he is 19 I'll be 19 in august. If it helps he came into the country legally with a visa but his permit has expired, would he have to go back to Mexico if he were to get his green card or would he only have to pay a fine?
4 ANSWERS
You can apply your spouse's green card any time. Whether he has to go back to his home country depends on what type of visa he used when he first came in. Since he is illegal now, I highly advise you to seek attorney's assistance when filing for his paperwork.
Answered on Jun 15th, 2011 at 6:24 AM
You can go ahead and apply for his green card. He doesn't have to leave because he entered with inspection. Great case. Best of luck.
Answered on Jun 14th, 2011 at 3:54 PM
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In general terms, you can file for your husband the day you marry. There is no wait time. However I am unclear whether or not he is otherwise eligible- in terms of how he entered the US, overstays, criminal record, etc. I highly recommend that you pay for a full consult with a competent immigration attorney for a full analysis of his case to determine his options/risks.
Answered on Jun 14th, 2011 at 3:49 PM
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Assuming you are a a US citizen, he is eligible to adjust status immediately despite overstaying his visa. He will not have to leave the country. If you are a permanent resident, it will take a few years for a visa to become available, but you should apply immediately. I highly recommend consulting with and retaining an attorney to take you through the process. While it may seem simple, it is not. One mistake could delay the petition for a long time or result in denial of the petition. This is especially true if there are any complicating facts. I offer free phone consultations.
Answered on Jun 14th, 2011 at 12:00 PM