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No. Derivative beneficiaries, such as a spouse and children, can be included in a permanent residence petition. This means that it isn’t necessary to file multiple petitions.

How Do I Begin The Green Card Process For My Wife Who Is Currently In The United States Under A Different Status?

To begin the green card process for your spouse who is currently in the US under a different status, you would begin by filing an I-130, which is the petition for a family member. If the spouse currently has lawful status or came to the US with lawful status, then you could file an I-485 concurrently if you’re a US citizen. If you’re a permanent resident, you may have to wait, but it depends on how many visas are available. The State Department publishes a monthly Visa Bulletin that tells you the latest visa applications in each visa category that are being published. Spouses of permanent residents are category F2A. If there is a “C” in that category the visa can be processed right away and eligible spouses can file an I-485 now. Otherwise, you will have to wait. Once the I-485 is filed, the immigrant can get a work permit. If possible, it’s usually best to file I-485 concurrently with the I-130. Spouses who are not in the US, or who have no legal status in the US, usually must return to their home country to consular process. This process does not grant a work permit while it is pending, and leaving the US may be risky if your spouse has a criminal record or has ever violated immigration laws.

I Married My Spouse While My Petition For Employment-Based Permanent Residency Was Pending. Do I Have To File A Petition Before He Or She Can Come To The Us To Join Me?

If you married your spouse while your petition for employment-based permanent residency was pending, then you will have to file a petition before your spouse can come to the US unless you updated it to include your spouse while it was pending.

Is It Possible To Directly Petition For Grandparents, Aunts, Uncles, Nieces, Nephews, Or Other Extended Relationships Through The Family-Based Immigration System?

It is not possible to directly petition for your grandparents, aunts, uncles, nieces, or nephews through the family-based immigration system. A US citizen can petition for a spouse, children, parents, and siblings, whereas a permanent resident can only petition for a spouse and children.

I Am A Us Citizen Living Outside The Us With My Foreign National Spouse. How Can I Apply For Her Green Card?

If you are a US citizen living outside the US with your foreign national spouse, and if you want to apply for your spouse’s green card, then you will need to prove intent to actually reside in the United States. This is generally done by showing evidence that you still have ties in the US. For example, if you are in the foreign country on a temporary transfer for work, and if your employer is US-based, then you could provide a letter from the employer which explains that the work is only temporary and that you will be returning to the US to continue your employment. Other evidence of having ties to the US includes things such as proof that you own property in the US and proof that your family members reside in the US. Other than this requirement the process is similar to what it would be if you lived in the US and your spouse lived in the foreign country.

I’m In The Us And My Foreign National Spouse Is Outside The Us. How Do We Apply For His Or Her Permanent Residency?

To apply for your foreign national spouse’s permanent residency, you will file the I-130 petition. Once it is approved, it’ll be transferred to the National Visa Center for further processing at the US embassy or consulate nearest to where he or she lives.

Can A Foreign Spouse Complete The Marriage-Based Petition Process Without An Attorney?

Legally, you are not required to have an attorney. As a practical matter, I would not recommend trying to complete the process without an attorney. This is because immigration is complicated and there are many things that can go wrong. The consequences of mistakes are not limited to denial of the application. Mistakes on the application can be harmful to future efforts to apply for US immigration status, and in some cases may result in criminal prosecution for fraud. With regard to the marriage-based petition, in particular, immigration authorities are extremely concerned about fraudulent marriages entered into just for immigration purposes. As a result, failing to submit enough evidence of it being a real marriage could result in a denial of the petition. Furthermore, this would cause there to be a finding of immigration fraud, which would disqualify you from future benefits.

Can A Foreign Spouse Enter The Us And Get Married By Using A Visa Other Than The Fiancé Visa?

It is possible for a foreign spouse to enter the US and get married by using a visa other than the fiancé visa, but I wouldn’t recommend it. The issue is whether you intended to live in the US at the time you got the visa and entered the US. To obtain a non-immigrant visa, such as a visitor visa, you have to declare that it is not your intent to live in the United States. Visitor visas are short-term, single-intent visas, which means you can’t have the intent to stay in the US. If a foreign national spouse were to come to the US and get married while on a visitor visa, immigration authorities might suspect that they obtained the visitor visa fraudulently, which would disqualify them from obtaining a green card. However, if you can prove that your intent was not to stay here at the time that you got the visa, and that circumstances changed, then that would be different. For example, people whose travel plans have been affected by the COVID-19 pandemic might be in the US longer than they initially planned due to the fact that circumstances have changed in an unforeseeable way. In this scenario, immigration authorities probably wouldn’t be very suspicious. It’s also not usually an issue when the non-immigrant visa is of a longer duration, such as a student visa that lasts four years.

Does The Us Recognize Foreign Marriages?

Generally, the US recognizes foreign marriages, but there is no guarantee. The US might not recognize marriages from countries that recognize polygamous marriages or marriages of minors. In addition, the US will not recognize marriages from a country that does not recognize US marriages. I recommend consulting with an attorney to discuss the specifics of your case.

Does A Petitioner Have To Be Married In Order To File A Marriage-Based Petition?

You need to be married in order to file a marriage-based petition. However, a US citizen can file for a fiancé visa for an overseas fiancé as long as the marriage takes place within 90 days of the fiancé entering the United States.

I Am A Us Citizen And Have Filed A Petition For My Wife To Join Me In The United States. Can She Join Me While The Petition Is Pending?

As a foreign national spouse, you can visit the US while the petition is pending, but can’t stay. A visitor visa could be used to visit the US during the pendency of the application, but the problem is that in order to qualify for this type of visa, you have to tell immigration that it is not your intent to remain in the US. Coming to the US on a visitor visa and then not leaving might suggest to the immigration authorities that the visitor visa was obtained fraudulently, which might disqualify you from getting a green card.

What Does The I-130 Petition For Alien Relative Do As Part Of The Family Green Card Process?

The I-130 petition is the preliminary step that allows immigration authorities to assess the nature of the relationship and determine whether it is valid. If you petition for a spouse, you have to prove that you are married, that the marriage is valid (e.g. that any prior marriages had actually ended when you married the current spouse), and that it is a sincere marriage and not one entered solely for immigration purposes. This can require extensive documentation, such as birth certificates of any children, financial records, affidavits from friends and family, photos, etc. The goal is to detect marriages which are fraudulent and being done only for immigration purposes. If you petition for a child or a parent, you still have to prove the parent-child relationship, and if you petition for a brother or sister you have to prove that you have at least one parent in common. In addition, you have to demonstrate your eligibility to petition for them, which means showing proof of your status as a US citizen or permanent resident.

What Are The Different Paths To Obtaining A Family Green Card And Which Path Is Right For Our Family? What Is The Difference Between An Adjustment Of Status And Consular Processing?

Adjustment of status involves applying for a green card while the intending immigrant is in the United States, whereas consular processing happens outside the United States. Anyone who is eligible for the green card will be eligible to consular process, but not everyone will be eligible for adjustment of status. Adjustment of status is usually a better option because it takes place in the United States and you can obtain a work permit while it’s pending. During the COVID-19 pandemic, the Trump administration has suspended virtually all issuances of visas but has not suspended processing of adjustment status cases. The eligibility requirements are mostly the same, but adjustment of status requires that the intending immigrant be in the United States and have been lawfully admitted or paroled into the US. What this means is complicated and constantly changing. For example, there is active litigation in the courts over whether Temporary Protected Status is a valid admission that qualifies someone for adjustment of status without having to return to their home country.

What Are The Most Common Reasons A Green Card Application Would Be Denied?

There are many reasons a green card application could be denied, such as inadequate documentation of the family relationship or other eligibility factors. If this is the reason for the denial, you can resubmit the application with adequate documentation. If your green card application has been denied, I would recommend consulting with an attorney before resubmitting because there may be requirements that you don’t fully understand. More serious reasons for a denial include a criminal record, previous immigration fraud, or previous violations of the immigration law. These reasons often require a waiver, which may involve extensive documentation and difficult to meet hardship standards. So it is inadvisable to pursue a waiver without the help of a qualified attorney.

What Do We Do If Our Family-Based Green Card Application Is Denied? What Can Be Done At That Point?

If your family-based green card application has been denied, the first thing you should do is consult with an attorney. You may be able to appeal the decision, but it may be better to refile. You might have to fulfill certain requirements of which you are unaware, such as applying for waivers for any criminal or immigration issues you have had in the past.

Do We Need The Same Attorney Who Helped Us With Our Original Application To Represent Us When We Are Appealing, Or Can We Hire Your Firm?

You do not have to have the same attorney on the appeal; you always have a right to change attorneys if you’re unhappy.

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