Can my wife, a german citizen, travel back to germany?

Question

We have been married for over a year now. we have not done the green card paper work. She is here (in the US) under our marriage license and her passport. please help.

Answer 1

well, if she's a german citizen then of course she can go back!!

Answer 2

Your "marriage license" is not a visa.  I don't know what type of visa she came here on, or if she used the visa waiver program, but by now she's certainly out of status.

She's free to go back to Germany.  Nobody will hassle her at the airport on her way out.  If she's overstayed her visa by more than 6 months, almost certainly she has, she's not admissible to come back to the USA for 3 years.  If she tries she'll be detained at the port of entry and sent back to Germany.

To be married over a year and not file her papers is highly irresponsible.  You're about to find out the cost of your irresponsibility.  Not only will you need an immigrant visa to bring her back from Germany.  You'll also need a Waiver of Inadmissibility and that means you are going to have to pay an immigration attorney to assist you.

Good luck.

Answer 3

I'm sure she can go to Germany, but since you haven't started the green card process she might have trouble coming back to the states.

If she can wait, get her green card (resident alien status) and then she can travel back and forth with no trouble.

Answer 4

She can go to Germany, she is a German citizen after all.  But if she has no Green Card yet, they will not let her back into the US.  It's been a year since you two got married, you should really file the paperwork, it takes a while for them to process it anyways.  Just the fact that you are married and you have a marriage certificate stating so, does not allow her to legally stay and work in US, you need to file a petition for adjustment of status on her behalf.  Visit www.uscis.gov for more info and forms.

Answer 5

is your wife not holding german passport, if she is, where is the need to doubt that she can go back to germany ???

Answer 6

She can go back, but she needs the green card to stay in this country, there might be a problem commin back.  I would get the card first before leaving the country