What is the law regarding residency and a green card?

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What is the law regarding residency and a green card?

I am an American citizen currently living in Greece. Last year when I was living in the US, I applied for a green card for my Greek wife and received what might be called a tentative acceptance. My wife now resides in the US since last year after going to help me when I had major surgery. She is still there now caring for 2 sons (both U.S. citizens) who are working and attending school. Recently, I received here in Greece a letter addressed to her stating that she needed an “agent” to complete the green card process and mentions all the requirements she needs to meet this and mistakenly assumes she now resides in Greece. However, since she’s still in the US can she complete the requirements there or do I need to travel there to do so? Does she have to leave the states to be “invited.”

Asked on April 20, 2012 under Immigration Law, Montana

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

She can complete the process in the US, if she is now living there.  IN what status is she living in the US?  HOw did she enter the US and how long has it been?  It really depends on the answer to these questions as to whether she should proceed with the process in the US or to return to Athens and go through consular processing at the US Embassy there.


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