One of the most common immigration procedures is the family petition process, specifically the family petition process between spouses. In today's blog we are going to be explaining what the family petition process between spouses consists of, and when it is necessary to request a pardon or waiver.
Both citizens and permanent residents of the United States can start a petition process for their spouse. It is very important that you know that to start this procedure it is necessary that the citizen and/or the resident have already formalized the marriage. If the marriage has not been formalized, it will be necessary to carry out another type of procedure, the application for the fiancée visa (which can only be requested by an American citizen).
Once the marriage has been formalized, you can file the family petition. It is not necessary to wait any particular time to start the process. It can begin the day after the formalization of the marriage.
In order for the process to be successful, it will be necessary to demonstrate to immigration, that the relationship between the petitioner and the beneficiary is real, and that the marriage between the two was carried out in good faith, and not for immigration purposes. There are several ways to show that the marriage and the relationship between petitioner and beneficiary is real. Evidence of the relationship could be presented to USCIS through photos, affidavits, plane tickets, telephone bills, joint assets, such as bank accounts, joint insurance, savings accounts, among others.
The procedure is different depending on whether the beneficiary of the petition is inside or outside the United States and if the petitioner is a permanent resident or a citizen.
If the beneficiary is outside the United States, and the petitioner is a US citizen, there will be no need to wait for a visa to become available, as the immigrant visa will be available immediately. Once the family petition is approved, the process is proceeded with the national visa center, and once it is finished, the appointment is scheduled at the corresponding embassy. Once the immigrant visa is approved, the beneficiary spouse enters the United States with the category of permanent resident.
In the other case, that the beneficiary is outside the United States, and the petitioner is a permanent resident, it would be necessary to wait for a visa to become available, since for this category, there is a limited number of visas. Once the visa is available, the rest of the procedure is similar to the one explained above in the cases of American citizens.
In both cases, it will be necessary to request a waiver, in the event that the spouse has entered the United States irregularly, has remained in the United States for a period of more than 180 days without status, or has been deported and has a ban on entry to the country, which is not permanent.
In the event that the beneficiary is within the United States, it would be necessary to analyze, in the same way, who the petitioner is, and the way in which the beneficiary entered the country.
If the petitioner is a permanent resident, and the beneficiary entered the country legally, he will have to wait until his priority date is in force and a visa is available. If so, you will be able to file your adjustment of status application within the United States.
If the petitioner is a US citizen, and the beneficiary entered the United States legally, they may apply for adjustment of status at the same time they file a family petition. In these cases, once USCIS has reviewed the documents, it will summon both spouses to an interview so that they can demonstrate that the existing relationship is in good faith.
In the event that the petitioner is a citizen or permanent resident, and the beneficiary has entered the country irregularly, it will be necessary to request an I601a waiver, and for the waiver to be approved, and that the beneficiary attend the consular interview outside of the United States. For more information about the waiver application process, you can visit our blog or our YouTube channel.
If you need help with your immigration process, do not hesitate to call us. At Y. Morejon Attorney, P.A. We will evaluate your case for free and help you take the best path to resolve your process. Here, your problem is our problem.
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Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.
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