Question:
My wife is an illigal alien. Can my wife get a green card if I have a
green card or should I be a U.S.Citizen ?
is it possible for her to get a green card anyway ?
Answer:
How is your wife an illegal alien? Was she inspected at the POE?
Regardless, if you are not a US citizen, her hopes of getting a green
card anything in the near future, is nil. As a permanent resident your
wife will have to wait 5 or more years for her number to be current on
the quota system in order to qualify to get a green card. If she was
not inspected at a POE but is here truly illegally, she cannot get one
even if you were a US citizen.
My wife's J1 visa expires on September 30 ...........it means she will
be an illigal alien after that. Right now I have a F-1 visa and I will
be getting a green card soon. I have another question to you !!
1st : Can she extend her J1 visa ? Her boss at the work can sponsor
her !!!! Is there any other possibility to stay ligall here ?
2nd : What is POE ???
The additional info helps.
POE means point of entry.
So, it is important if your wife went through INS (inspected) at the POE
(airport or border crossing) and didn't sneak into the US. If the F-1
expires, then she would be "out of status". A current green card holder
would have to wait 6 years to get his wife an immigration visa. There is
a 5 1/2 year wait before the I-130 would even be processed. This is due
to the limited number of this kind of visa for the spouse of permanent
residents (PR). This information can be seen from the visa bulletin.
http://travel.state.gov/visa_bulletin.html
It looks like the are currently processing Family 2nd preference visas
from July 1997. This is an improvement. I think a short time ago, the
time was 5 1/2 years, now it is 5 1/4. For a citizen, you don't have to
wait this 5 1/4 years.
One possibility. If you could reapply for your green card, there is a
possibility you can go to a foreign consulate, abandon green card
status, then obtain a new green card if you meet the requirements to get
one.
Your spouse could then be admitted based on your new green card.
Yes, I know this sounds stupid, but it's the government.
I'm guessing you are getting an employment based GC. Is your I-140 approved
and current? If so she should be able to file an I-485 *now* and stay legal
since she is entitled to a derirative GC as your spouse. If not she should
leave the US because you don't want her overstaying (note there is a
difference here between your situation and the situation a US citizen would
have) and when your I-140 is approved / current she can apply for an
immigrant visa at the consulate.
Disregard those who talk about five year waits - that happens when you are
already a GC holder and marry someone; when you are married before becoming
a GC the spouse is entitled to a GC "immediately".
POE = Port of Entry! ie, the first checkpoint when you enter the USA,
usually a major airport .. GET IT?
If you see on your I-94, a paper stapled to your password, you see it.
Usually 3 letter words or less, according to airport name .. GET IT?
