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Trying to understand my wife's status...

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  • Trying to understand my wife's status...

    Time to get her status squared up, but not sure exactly where to begin...back history on her.

    My wife was born in the UK. Initially came over to Canada, than to the US as a child. Parents started naturalization process when she was young but never completed. She has the following:

    -Valid S/S Number
    -Valid DL
    -Long expired Green Card
    -Long expired British Passport
    -We have been married 9 years

    Where does this put her? Where do we begin with the naturalization process? I am guessing, at least getting a new British Passport for starters? Goal is to get her at least current with the GC status and eventually get her citizenship (through marriage or otherwise). Would be nice to take her back home to visit her birth town someday.

  • #2
    Wife

    Technically, your wife is a U.K. Citizen.
    Get the British passport, why not?

    I would apply for her green card first. One step at a time.
    She is married to you, so she should be able to continue to stay in the U.S.
    Do you have children? If so, good.

    Once she has had her GC for at least 3 years she can apply or citizenship.
    Try not to travel too much outside of the U.S. during this 3 year period.

    After that, apply!

    Good luck.

    Comment


    • #3
      You mean she has bee in the US all these years? Permanent resident status does not "expire", even though the card does. If she's been living in the US all these years, then she is a lawful permanent resident; she just doesn't have proof of it.

      She can file I-90 to renew her green card. She can file N-400 for naturalization under the 5-year rule (she has been continuously resident for way more than 5 years). It is unclear whether they will accept an N-400 with an expired green card; some people say yes, some say you have to apply to renew the card first.

      Once she files I-90 to renew the card, or once she files N-400 for naturalization, she can go in to an InfoPass appointment to get an I-551 (green card) stamp if she wants proof of permanent residency in the meantime (though as seeing she hasn't needed it in all this time, she may not need it now). The plastic green card is just an I-551; different I-551s are equivalent. They usually put the stamp on her passport, but if she doesn't have one, they can put it on a separate sheet if she provides passport photos.

      She can renew her passport if she wants to travel internationally, or if she wants something to put the I-551 stamp on.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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