Can I apply for a change of status even though we have already been married for 2 years? 4 Answers as of February 10, 2011

My husband is from Senegal. We have been married for 2 years and I have not filed for his papers. I am now ready to start the process but will there be a problem because I didn't file right away for the change of status? And is there a time frame to file for papers?

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes, you can.
Answer Applies to: Tennessee
Replied: 2/10/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
There is no time frame to file if you are U.S. Citizen. If you are only a Green Card holder, then unless your husband is still in legal status he cannot apply for his Green Card in the US.
Answer Applies to: California
Replied: 2/8/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
If you are an American citizen, you can file for him provided he is admissible. I have represented clients who filed 10 years after getting married because the immigrant spouse thought "he was OK since married to an American citizen". He did not know he actually had to file some paper and attend an interview(!). I had another couple who just waited to have the money to do it right, and filed a few years after getting married. Some "late filers" were asked at the interview why they waited so long. Whatever my clients' answers, it was never a problem. Good luck.
Answer Applies to: California
Replied: 2/8/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
No, there is no time frame to file.
Answer Applies to: Florida
Replied: 2/8/2011
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