In a family, it is best to stay together at the right place and at the right time. While this may be hard for the rest of the world’s population due to existing opportunities overseas, a lot of individuals hope for chances that they may bring their family alongside them – especially their better half.
In the United States, there is a possible way for this dream to come true. One thing to be reminded about is that when migrating to a foreign country, there will always be an Immigration Law and it would be best to get a consultation with an immigration lawyer. Here’s what one should know about terms and conditions in order to bring their spouse in the U.S.
When one’s intention is to bring their partner, either husband or wife, and live in the United States as a permanent resident (Green Card Holder), they should be either a U.S. citizen or a Green Card Holder. So how does this work?
How to Apply If I am a U.S Citizen?
There are two categories when the spouse, who is a citizen, wants to apply for permanent residency.
- Inside the United States
If the partner is currently inside the U.S. via lawful admission, they would be required to file a (a) Form I-130, (b) Petition for Alien Relative, (c) Form I-485, and (d) Application to Register Permanent Residence or to Adjust Status all at the same time. These forms are available through the United States Citizenship and Immigration Services (USCIS) website (uscis.gov).
- Outside the United States
If by chance the partner is outside the state, they are still expected to file the following requirements: (a) Form I-130 and (b) Petition for Alien Relative. Once the (a) has been approved, it will then be sent for consular processing and the embassy will notify the individual about the processing information.
How to Apply if I am a Green Card Holder?
Similar to the categories of a U.S. Citizen, a Green Card Holder also has two types of processing.
- Inside the United States
Given that the partner to apply for a visa is in the country through legal entry, filing a Form I-130 and Petition for Alien Relative are also needed. When a visa number becomes available, apply to adjust the status of stay to permanent residency via Form I-485.
- Outside the United States
Much alike to the process of application with the partner being a U.S. citizen, the spouse is required to file for the same forms. When Form I-130 is approved and the visa is also available, it will then be processed and the embassy will inform them regarding the processing information.
Residential Terms and Conditions
If the couple have been married for less than two years and the spouse has been granted permanent residency, they will receive a constant resident status but on a conditional basis. In order to remove the conditions on residence, both of them must apply together a (a.1) Form 1-751 and (b.1) Petition to Remove the Conditions of Residence.
Remember that to remove the conditional status, the couple must apply within three months before the conditional resident card expires. Failure to file within this time frame, the spouse’s resident status will be terminated and may be removed from the United States.
My Application was Denied: What’s Next?
It is not the end of the world if the visa approval has been denied. The denial letter will tell the process of re-application and the time frame it should be filed. Once the appeal form and the required fee has been processed, it will then be sent to the Board of Immigration Appeals.
However, do take note that the denial letter consists of an explanation why the decision was unfavorable. This determines if they could still file an appeal. There are specific exceptions that could open reconsiderations regarding the case appeal.
When applying for a spouse visa, it is best to take note of requirements and the partner’s confidence regarding his or her stay within the U.S., one must have a good lawful status and also must comply with all the requirements and prerequisites in order to be fully approved hassle-free.
Immigration Law covers a wide range of cases, and most of its types require an immigration lawyer. Let us know how we may extend our assistance. You may visit the website (https://www.rubypowerslaw.com/) or call us at (713) 589 – 2085 to schedule a consultation.
