My Parent Is A US Citizen And Is Filing For Permanent Residence For Me. I’m Married With Children. Does My Parent Have To File Separate Petitions For My Spouse And Children?
If your parent is a US citizen, and he or she is filing for permanent residence for you, your spouse, and your children, your parent does not need to file a separate petition for each. As a married son or daughter of a US citizen parent, you are considered what’s called an F3 preference category. Therefore, you do not need your parent to file separate petitions for your spouse or children.
How Do I Begin The Green Card Process For My Spouse Who Is Currently In The United States Under A Different Status?
First and foremost, the important thing to determine is how your spouse entered the US. If they entered legally on some type of a visa, then the first thing you need to do to begin the green card process is to file an I-130 petition form to establish the marital relationship to your spouse. If they did come to the US legally on some type of a visa, then in that I-130 petition, we would also file for their adjustment of status, which is the I-485 application.
If your spouse entered illegally, you will still have to file first the I-130 petition establishing marital relationship. However, you will not be dealing with the United States Citizenship and Immigration Services (USCIS), you will have to deal with the National Visa Center at the US Consulate in your spouse’s home country. The I-130 will be transferred to the National Visa Center rather than it being handled with the USCIS.
I Married My Spouse While My Petition Or Employment-Based Permanent Residency Was Pending. Do I Have To File A Petition Before My Spouse Can Come To The United States To Join Me?
If you married your spouse while your petition or employment-bases permanent residency was pending, and your spouse is already residing in the United States, in that instance, then he or she will have to file for a change of status before applying for the I-485 adjustment of status. However, if your spouse is residing abroad, then he or she will have to file the form I-824, which is the Application for Action on Approved Application or Petition along with or after filing for your adjustment of status petition.
Is It Possible To Directly Petition For One’s Grandparents, Aunts, Uncles, Nieces, Nephews, Or Other Extended Relationships Through The Family-Based Immigration System?
It is not possible to directly petition for grandparents, aunts, uncles, nieces, or nephews through the family-based immigration system. Unfortunately, these extended family members are not considered immediate relatives, or they do not fall under the preference categories for a direct petition.
I Am A US Citizen Living Outside The United States With My Foreign National Spouse. How Do I Apply For My Spouse’s Green Card?
If you have been living outside of the United States for some time, unfortunately, you cannot file a petition for your spouse. One of the requirements to be a sponsoring petitioner for your spouse’s green card is that you have to have residency and an established domicile here in the United States. However, if you’re living abroad because it’s a work-related matter, and you’re on some type of a contract, then that would be the exception to the rule. As long as you can still provide evidence that you have a domicile here in the US, such as a home, you’re filing taxes in the United States, and/or you’re registered to vote, the US will enable you to still file a petition for your spouse, even if you’re living outside of the US. But, you have to establish that you still have ties to the United States, and that at the end of the day, your primary residence is the US.
I’m In The US And My Foreign National Spouse Is Outside Of The United States, How Do We Apply For His Or Her Permanent Residence?
With any family-based petition, the first thing you need to do is file the I-130 petition. That way, you can establish that the marital relationship between the two of you is a bona fide relationship. If your spouse is abroad, you will not deal with the USCIS. You will have to deal with the National Visa Center. Once the I-130 gets approved at the USCIS office, it will be transferred to the National Visa Center. The National Visa Center will send you, and whoever your legal representative is, with instructions on additional documents that need to be submitted with the National Visa Center. Then, once those documents are submitted, the appropriate filing fees are paid. The National Visa Center will then schedule an interview for your spouse at the US Consulate or embassy of their respective home country.
After attending the interview, and once your spouse passes their interview, they will receive a stamp on their unexpired passport. They’ll have 60 days or so to come to the US. Upon their entry into the United States, in about two to four weeks, they should receive their green card in the mail at the US address you designated. Typically, it will be sent to where you would be living upon your arrival in the United States.
For more information on Family Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.