Green card application

flx_roman

New Member
I was wondering if anyone could help me with my inquiry.My wife has just arrived on a visitors visa and i have a green card.I would like to apply for a green card for her though i understand that she has to be here for a certain period of time before we can apply for her change of status.My question is how long is that period?i have been getting conflicting answers ranging from 3 to 6 months.Is there anyone who has some information on this?Plus how would her change from visitor's to green card status affect her ability to travel for i would also like to apply for her travelling papers when i cubmit her green card application.please advise.thanks
 
Unfortunately, you will not be able to sponsor your wife for a GC until you become a citizen. You can file a I-130 for her to begin the process, but that would not enable her to stay in the country and put her in jeopardy of travel ( visitors visa requires a non-immigrant intent, whereas I-130 clearly demonstrates an intent to immigrate).

Sorry for the bad news - but refer to the thread on help spouses of green card holders thread for any progress on the V-visa bill which, if passed, may provide a way out. The other is for your spouse to switch to an H-1 (work visa) if eligible, which does not have non-immigrant restriction.
 
Beside H-1, she can also apply for F-1.

I don't know the waiting period before filing I-130, but you will want to do so before her I-94 expire.

kenmw
 
I was of the opinion that permanent residents can sponsor their spouses for residency too.My question is how soon can i apply for the travel papers and green card?Immideatly she gets here or do i have to wait a while?
 
flx_roman said:
I was of the opinion that permanent residents can sponsor their spouses for residency too.My question is how soon can i apply for the travel papers and green card?Immideatly she gets here or do i have to wait a while?
As mgh2001 said, to apply for her you have to be a U.S. Citizen. A Greencard holder can only file I-130 which will not give her any status to live in U.S. And it takes around 5 years to get I-130 approved and then you can file for Adjustment of Status.
 
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