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The United States offers multiple options when it comes to citizens and residents bringing their spouses to this country. Sponsoring a loved one is common in the immigration system, and married couples receive greater privileges compared to other family members.
That said, this process is not always seamless. When things get complicated, you deserve to have the support of a skilled immigration attorney to fall back on. A marriage visa lawyer could advise you of your options and help you navigate the immigration system.
The steps a person must take to not only sponsor their spouse but also bring them into this country differ. There are a number of processes, depending on whether or not the husband or wife currently resides in the U.S., as well as the sponsoring spouse’s immigration status.
When a sponsored party is outside the country, they must go through something known as the consular process. This starts with filing a document known as Form I-130 and waiting for a response from the United States Citizenship and Immigration Services (USCIS). The applicant must remain in their home country until their application is approved. When it comes to spouses of Green Card holders, there is a waiting period that depends on a visa being available.
Things work differently when the sponsored party is already living in the country. They rely on a method known as adjustment of status. This involves changing from one immigration status to another without having to leave the country. This approach also involves the use of Form I-130. A knowledgeable attorney could review a couple’s circumstances to determine the best approach for securing a marriage visa.
There are special options available for spouses of U.S. citizens. In this scenario, once Form I-130 is filed, the non-resident spouse could qualify for a K-3 visa. This is a temporary option that allows someone to live and even work in the U.S. while their Green Card application is considered by USCIS. Petitioning for a K-3 visa involves a document known as Form I-129F. A dedicated marriage visa attorney could assist with each step of this process.
Couples who recently got married do not have the same rights as long-term spouses. In this situation, a person sponsored by their husband or wife is granted conditional residence if they have been married less than two years. This conditional status makes it easier for the government to revoke a person’s legal status compared to other visas. In time, the parties can file a document known as Form I-751 to remove the conditional status.
There is a process for appealing denials in marriage visa cases. It is not uncommon to resolve the issues raised by USCIS in a denial and ultimately see the applicant granted their Green Card.
All denials are communicated through a letter sent directly to the applicant. This notice provides limited information on the reasoning for the denial and explains the steps involved in making an appeal. This process can be complex, but a skilled lawyer could help an applicant make a successful appeal and secure their marriage visa.
When you intend to sponsor your spouse for a visa, now is the time to seek out the help of an attorney. Any mistakes made during this process could lead to denials or delays that prevent your family from reuniting. To ensure you meet the requirements to apply or sponsor your spouse, call a marriage visa lawyer today.