Does my wife green card????

[happa54]

HI All.....

I am a natural born US citizen. My wife (Filipina immigrant working in Canada with an open work permit) and I are in the "post decision activity" phase of her I-130 petition.

My question is this....."does she need to apply for a green card in order to work once she gets here?"

I am under the impression that once she is married to a US citizen, she becomes a US citizen therefore a GC is not needed.

Also, a relative of hers living here says to her that when she gets here, she needs to limit the amount of time she visits Canada as that time away works against her in receiving her green card.

Is this all correct?

Thank you....

 

[Jackolantern]

I am under the impression that once she is married to a US citizen, she becomes a US citizen therefore a GC is not needed.

That's a very wrong impression. Marriage to a US citizen by itself doesn't grant any citizenship or other legal immigration status. She needs a green card or some other form of visa or employment authorization to work in the US.

After being married to you and having a green card for 3 years, she becomes eligible for citizenship, but it's not automatic; she must apply for it and satisfy the other requirements (good moral character, physical presence, etc.).

Also, a relative of hers living here says to her that when she gets here, she needs to limit the amount of time she visits Canada as that time away works against her in receiving her green card.

Time spent outside the US can work against keeping the green card and/or eligibility for citizenship. Too much time outside the US can result in cancellation of the green card. 12 consecutive months outside the US (without a reentry permit applied for in advance) makes the GC cancellation practically automatic*. A pattern of long absences outside the US (e.g. spending 22 months total outside the US in 2 years) can also result in cancellation even if there is no absence of 12 consecutive months.


*there are exceptions such as being overseas in the US military.