How long would it take to get my wife's green card? 8 Answers as of January 24, 2014

I am a US citizen. My wife is Nicaraguan, we were married in Nicaragua in 2007. We have 2 children born in Nicaragua. They are US citizens with US passports and SS#s. We are now in the United States and her 6 month length of stay will expire in 45 days (10 year tourist visa). We have decided to stay (a job I took is working out) and I want to get her Green Card. How long will it take? Does she have to leave and return for the visa length of stay is so close to running out? If she does have to leave, how long would she have to be outside the USA? Does the USA recognize our marriage? Please help. I've just started making enough and saving to finally pay for the GC, but need to know if she has to leave.

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Law Offices of Rizwan M. Khalid
Law Offices of Rizwan M. Khalid | Rizwan Khalid
She may not have to leave if you file for status adjustment. Please discuss this further with an attorney.
Answer Applies to: Pennsylvania
Replied: 1/24/2014
Law Offices of Linda Rose Fessler | Linda Fessler
She will have to leave. She should be back fairly quickly.
Answer Applies to: California
Replied: 1/23/2014
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your wife can apply from within the U.S. if she entered on a visa. She can remain in the U.S. while her application is pending. The approval of the application will change her status to one of a permanent resident. The Immigration Service takes about 3 months to adjudicate the application.
Answer Applies to: California
Replied: 1/23/2014
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can petition for her now if she has been in the US for a few months. She will be able to complete the process within the U.S. without having to go back to Nicaragua.
Answer Applies to: California
Replied: 1/23/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The length of time it will take for her to obtain a green card will depend upon whether she must proceed through consular processing or can adjust her status in the United States. Adjustment of status will take approximately 5-8 months whereas consular processing can take a year or more. Adjustment of status may not be feasible as your wife will likely be suspected of immigrant intent when entering the United States. You would be best advised to meet with an experienced attorney to discuss the matter in more detail.
Answer Applies to: New York
Replied: 1/23/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    The process should take about 3 months from start to finish. She does not have to leave the U.S. However, you should be well prepared to answer questions at the green card interview about her intention upon her last entry. It will be critical that she answers the questions correctly. You should be consulting with an experienced immigration lawyer and probably seek representation at the interview.
    Answer Applies to: California
    Replied: 1/23/2014
    Law Office of Eric Fisher | Eric Fisher
    If she entered with a visa, she can stay until the green card process is complete. You should retain an immigration attorney to advise on legality of marriage and any other issues.
    Answer Applies to: Colorado
    Replied: 1/23/2014
    Pobjecky & Pobjecky, LLP
    Pobjecky & Pobjecky, LLP | A. Renee Pobjecky
    Based on the facts presented, your wife should not have to depart the United States. You will need to file an I-130 petition and I-485 application, among other forms. The forms and additional information can be found at www.uscis.gov.
    Answer Applies to: Florida
    Replied: 1/23/2014
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