Green Card for Spouse

UPDATED: Sep 30, 2022

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Green Card for Spouse

I am a green card holder and my wife is F-1 status student. We have a baby together. I want to apply for her green card but our marriage is not 2 years yet. Should I start my application right over or we should wait until our 2 year wedding anniversary? Also, she is staying legally in the U.S. so if we applied and called for interview, the interview will be in the U.S. or in our country? I am using public benefits like food assistance, so will that affect my immigration status because I intend to the apply for naturalization after 5 years of my period in the U.S.?

Asked on February 1, 2017 under Immigration Law, Kansas


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is really no relevance to how  long you've been married.  You could have petitioned for her as soon as you were married and you were a green card holder.  When are you eligible to apply for naturalization?   That may speed up the process of her getting the green card.  If she is in the US lawfully right now as a F-1 student and you petition for her as a green card holder, she will not be able to travel internationally and the process will probably take about 1-2 years before she will be eligible for a green card.

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