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  • Worried

    Here's our situation. Perhaps someone might be able to provide some direction . . .

    My wife has a green card about to expire in 2004 (after 10 years). She has Brazilian citizenship. I am a US citizen and we have a 3.5 year old son (dual passports). She desires US citizenship or extension of the green card. We've been married almost 12 years (or 9 - see below).

    The problem we are facing is that when we got married in Boston MA (City Townhall) in 1991 we did not do the Justice of the Peace part (thus we really didn't get married). We applied for the green card at that time and got it. We actually thought we were married (celebrate that 1991 date). Anyway, she was working at her govt consulate in Boston and
    from someone elses similar mistake realized that we had not done the
    marriage thing properly the first time. We subsequently re-did the
    marriage in 1994 with the Justice of the peace at the same place.

    At that time, an immigration atty up in Boston advised us, probably
    incorrectly, to "let sleeping dogs lie", which we did. Now we are
    trying to figure out the best way to renew the green card or possibly
    apply for citizenship. Our worry is that they might not allow her to do
    this (is it possible that she would get deported??). We have been
    together all this time and as I mentioned above do have a son.

    Should we go to the INS office to try to talk to someone there and ask for advice?

    PS Two different lawyers have given different answers to me.

    Thanks.

  • #2
    Here's our situation. Perhaps someone might be able to provide some direction . . .

    My wife has a green card about to expire in 2004 (after 10 years). She has Brazilian citizenship. I am a US citizen and we have a 3.5 year old son (dual passports). She desires US citizenship or extension of the green card. We've been married almost 12 years (or 9 - see below).

    The problem we are facing is that when we got married in Boston MA (City Townhall) in 1991 we did not do the Justice of the Peace part (thus we really didn't get married). We applied for the green card at that time and got it. We actually thought we were married (celebrate that 1991 date). Anyway, she was working at her govt consulate in Boston and
    from someone elses similar mistake realized that we had not done the
    marriage thing properly the first time. We subsequently re-did the
    marriage in 1994 with the Justice of the peace at the same place.

    At that time, an immigration atty up in Boston advised us, probably
    incorrectly, to "let sleeping dogs lie", which we did. Now we are
    trying to figure out the best way to renew the green card or possibly
    apply for citizenship. Our worry is that they might not allow her to do
    this (is it possible that she would get deported??). We have been
    together all this time and as I mentioned above do have a son.

    Should we go to the INS office to try to talk to someone there and ask for advice?

    PS Two different lawyers have given different answers to me.

    Thanks.

    Comment


    • #3
      Your wife has Permanent Resident Card which is about to expire after ten years. If it is right, she should fill out I-90 and apply at INS Sub office and her card will come in 1 year almost. Renewal of green card has nothing to do with marriage.

      Since she has been in USA for over five years as LPR, she can apply for citizenship. She does not need to apply based on your marriage. I do not see any problem as long as she has paid taxes and can pass civic and English tests.

      Comment

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