Can I get a green card from a green card holder who has not entered the USA? 3 Answers as of February 21, 2011

How long will the process be to get a green card from my wife? She is a green card holder but still she did not go to the USA. She got a green card from her mother a year ago. How could I get the green card without going to USA or does she have to go to USA?

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Your wife needs to file i-130 to get a visa for you. Its better if filed oversees.
Answer Applies to: Tennessee
Replied: 2/21/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Your wife could not have received her Green Card if she never entered the U.S. If she was processed for an immigrant visa at the consulate, she has to enter the U.S and present her IV packet to USCBP. They will process it and she will then receive a Green Card in the mail. If she never entered the U.S., a Green Card is never made.
Answer Applies to: California
Replied: 2/18/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
In order for the petition to go through, she can hire an attorney to file petition for her. The processing time varies with time and service center. www.uscis.gov. roughly, it takes now 2 years. but it may vary.

Please be mindful, you need to prove your marriage to comply with complicated immigration requirements. In order to avoid denial, you may need to work with an attorney. You are more than welcome to contact us. Good luck!
Answer Applies to: Florida
Replied: 2/18/2011
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