Ingo Pakleppa - See Web Site For Email

First off, when did you get married? If the wedding was before you got the
GC, she may still be able to get a Green Card based on your own at a US
consulate abroad (this is called a follow-to-join case). Otherwise:

What you propose seems to be a more-or-less frequently used strategy, but
there are some things to keep in mind:

- your wife's status already expired. That makes her (most likely)
ineligible to change or extend her status, or adjust status. She should
leave the USA immediately before she would be subject to any bars. She
would apply for a visa at a consulate before returning to the USA.

- you can indeed file an I-140. Request consular processing. As Mr. Piston
pointed out, you can't adjust status. You would contact the consulate,
surrender your Green Card and apply for an immigrant visa the same day
(you, or better your lawyer, should contact the consulate in advance to
make sure there won't be a snag).

On Thu, 11 Dec 2003 17:27:57 -0800, Takeshi Furuyashiki wrote:

    > Hello, U.S. immigration experts! Here's a crazy question for you!
    >
    > I already have a "green card" (got it less than a year ago), but my wife
    > does not, and her legal status in the U.S. has run out a few weeks ago.
    > I want to get her a "green card", or at least find a legal way to keep
    > my wife in the United States indefinitely with the ability to work and
    > travel. So, here's the crazy question:
    >
    > * Can I file an I-140 - say, in the EB1.1 (Extraordinary Ability)
    > category, for which, I think, I qualify - even though I am already an
    > LPR? (That is, without giving up my LPR status.)
    >
    > * Furthermore, can I file an I-485 for my wife concurrently with that
    > I-140? Would I have to file I-485 for myself as well?
    >
    > Keshi
    >
    > P.S. If you could suggest an alternative way to keep my wife in the
    > United States for five or so years, please let me know (she is not gonna
    > be able to get an H-1B for herself) - but it is primarily the first
    > question that I would like to hear opinions on.