Bring Your Loved One to The USA

You are a U.S. citizen and met someone from another country in the USA or while you are abroad. You spent time together, and you explored the differences with enthusiasm. Over time, you got closer, engaged, and married. You had beautiful wedding preparations, a happy ceremony, and a wonderful honeymoon. You planned and made these things happen for the person you love. You may have had a fairytale-like time, but unfortunately, there are other things to plan for; you must also prepare for your future and life.

As a U.S. citizen, you can live with your loved one and eliminate distances. However, this right comes with responsibilities, and understanding the immigration process is one of them. So, what should you do next?

The answer to your question depends on a variety of factors, including the current location and immigration status of your spouse, as well as any potential grounds of inadmissibility, such as unlawful presence, health-related issues, or crime-related grounds. In this article, we will talk about these applications independently of the inadmissibility criteria. But, for now, it's important to note that if your spouse does have one or more of these inadmissibility criteria, you will have to file different applications along with your lawful permanent residence application, such as the I-601 and I-601A waivers. We won't be able to cover these complex applications in detail here, but we will provide more information on this topic in the future.

1. Your spouse currently resides in a different country. What Should You Do?

If your spouse currently resides in a different country, as a U.S. citizen, there are specific steps you can take to bring your spouse to the United States. The application process begins with submitting the I-130 Petition for Alien Relatives through USCIS online. This petition establishes the relationship between you, as a U.S. citizen, and your foreign national spouse. The consular process will be initiated once the I-130 petition is processed and accepted by USCIS. This is the second step, which involves the immigrant visa application for your spouse, which will be handled through the National Visa Center (NVC).

In this step, you must complete your DS-260 and sponsorship forms for your spouse through the NVC/CEAC system and attend the interview at the Consulate. The NVC will review the immigrant visa application, and once approved, your spouse will be eligible to join you in the United States as a permanent resident. Once the application is approved and the requisite paperwork has been completed, your spouse can seek employment in the United States and travel to other countries for business and leisure. Your immigration lawyer will be there with you for you every step of the way.

Additionally, as a U.S. citizen, you can apply for your spouse's K3/K4 visa when submitting the I-130 form. Congress established the K3/K4 visa type to expedite the immigration process and reunite separated family members.

2. Your spouse is in the USA and has a legal and current status. What should you do?

If your spouse is in the United States and has legally obtained unexpired status, she/ he may be eligible for permanent residence through an "Adjustment of Status." This means you can apply for lawful permanent resident status for your spouse without needing them to go through the consular process, potentially expediting the reunification process. When applying for Adjustment of Status, you can submit all the necessary application forms "concurrently", including the lawful permanent residence application, employment authorization, travel document, and sponsorship forms. Unlike if your spouse lives in a different country, there is only one step, not many. Therefore, this approach allows the process to continue without your spouse having to leave the United States.

However, it's important to note that you must apply for an adjustment of status before your spouse's current status expires. If your spouse did not enter the country on a dual intent visa, such as H-1B or L-1, it is important to avoid misrepresentations that could lead to a denial decision by USCIS. It is strongly recommended to consult with an immigration attorney to address this issue.

3. What does "Bona Fide Marriage" mean?

When you review the form and checklist for your application, you'll notice a requirement for documents that prove a 'bona fide marriage'. Let's delve into the purpose of this crucial documentation.

This documentation is crucial because it helps the USCIS determine if your marriage is genuine or if it's just a way to bypass immigration laws. Therefore, additional documentation is needed to confirm that your marriage is accurate and that you have taken steps to plan a life as a married couple. These documents can be, for example, joint bank statements showing that you have pooled your financial resources, joint accounts, joint insurance policies, photos of your activities together, your wedding photos, birth certificates if you have children together, rental agreements with both your names on them and affidavits from friends who know you well. You can include as many documents as you like; there is no limit. However, it's worth noting that overdoing it may make your application incomprehensible.

4. If your spouse had a child before marrying you, can the child live with you in the USA?

If the child was under 18 when you got married and is still uner 21 when you submitted your application, the answer to this question likely is "yes". However, it's important to note that you must complete a separate application for each child and spouse.

5. Need Further Assistance?

Here, we have discussed how U.S. citizens apply for a Green Card for their spouse. If you are a Lawful Permanent Resident, you can look at our blog post for an explanation of the necessary steps.

Immigration processes are intricate and time-consuming, but you are not alone in this journey. Each individual's case is unique, and we are here to provide the guidance and support you need. For additional help, feel free to contact us. We are committed to helping you navigate this process with confidence and ease